1048547 ONTARIO INC. v. FROMFROID S.A., 2025 FCA 151
Justice Locke; Justice Pamel; Justice LeBlanc - 2025-08-25
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In this case, a family-run business involved in dairy products was found liable for patent infringement concerning a rapid cooling ventilation system, patented by a French company that had previously provided a trial unit. The crucial issue was whether the cooling cells were constructed before or after the patent's expiry. The Federal Court ruled that the cells were built before expiration, leading to a determination of willful infringement. The Court awarded compensatory damages and imposed punitive damages due to attempts by the defendants to mislead the Court regarding the construction timeline. The defendants appealed, challenging the factual conclusions and the justification for the punitive damages. The appellate court maintained that the trial judge's findings were supported by circumstantial evidence, thus affirming the decision. Ultimately, the appeal regarding damages was deemed relevant to the defendants' potential liability to a contractor, despite the French company having received full compensatory damages.
Decision relates to:
- A-247-23 - 1048547 ONTARIO INC. v. FROMFROID S.A. which is an appeal from 2023 FC 925 in T-127-19