Robitaille Équipement inc. c. Hamel, 2025 QCCS 1623
2025-05-09
Read full decision. Summary prepared by Alan Macek:
According to the applicants, the circumstances which gave rise to the Belleau judgment have ceased to exist since the 830 patent, the cornerstone of the application for a permanent injunction which gave rise to it, no longer has any effect, said patent having expired on March 30, 2023. Although the defendant acknowledges that the protection he benefits from under the Patent Act and the 830 patent have effectively ended since March 30, 2023, it claims, that the effects of the Belleau judgment still apply. Furthermore, the defendant is of the opinion that the Court's power of intervention under Article 49 CPC does not allow it to conclude that the Belleau judgment is null and void. For the following reasons, the Court grants the application in accordance with the conclusions of this judgment. (based on a translation)