Tag Archives: Litigation

Ontario Superior Court supports neutral citations and electronic decision databases

In a practice direction, the Ontario Superior Court announced that as of October 1st, parties should include neutral citations (2011 ONSC 123) on Superior Court decisions, in addition to other citations. They also announced that they will accept copies of decisions from electronic databases all though they caution that decisions are sometimes corrected after issuance and the date the decision was obtained electronically should be noted in the citation. The practice notices identifies QuickLaw and CanLII as “Approved electronic databases” dedicated to the publication of judicial decisions.

The Federal Court and Federal Court of Appeal had previously announced their support for the use of neutral citations for all decisions.

Amazon.com follow up

While we wait for the judgment from the Federal Court of Appeal in the Amazon.com proceeding on the patentability of business methods, I thought I would post a few remaining items from the case.

I had previously posted copies of the Appellant’s Factum and the Respondent’s Factum. Copies of the Intervener’s Factum and the Respondent’s Reply to the Intervener are now also available.

There are a few reports from the hearing including from Nora Sleeth at Osgoode Hall Law School and Chris Heer of Bennett Jones.

Interlocutory injunction denied in Esomeprazole-Apotex

In a decision published yesterday, Justice Crampton of the Federal Court denied Astrazeneca’s request for an interlocutory injunction against Apotex. The decision is Astrazeneca Canada Inc. v. Apotex Inc., 2011 FC 505 (Esomeprazole) in T-1668-10 and follows a PM(NOC) proceeding in which Apotex’s allegations of invalidity against at least some of the patents were found justified (T-371-08). The decision has already been appealed and the appeal dismissed by the Federal Court of Appeal (A-180-11).

Professor Norman Siebrasse of University of New Brunswick and author of the Sufficient Description blog, has an interesting discussion of the test for an interlocutory injunction in the context of this decision.

Particulars needed for pleading patent infringement

In a decision published today, the Federal Court of Appeal upheld a lower court decision striking the plaintiff’s further amended statement of claim on the basis that it did not provide sufficient details of the defendant’s activity that would constitute infringement. The Court upheld the view that the allegations were not on any knowledge or evidence of the plaintiff of the defendant’s activities and the plaintiff hoped to fill in the gaps in its knowledge through discovery. Continue reading Particulars needed for pleading patent infringement

Discussion paper on changes to Federal Courts Rules

The Federal Courts Rules Committee has posted a discussion paper on possible procedural changes to the Federal Courts Rules. The proposed changes relate to among other things, time limits for defences, books of authorities, amici curiae, and monetary limits for simplified procedure and prothonotaries. Comments are requested by the Rules Committee by June 24, 2011July 15, 2011.

Continue reading Discussion paper on changes to Federal Courts Rules

Federal Court decision in Canadian Generic Pharmaceutical Association

Yesterday, the Federal Court published its decisions in Canadian Generic Pharmaceutical Association v. Canada (Health) 2011 FC 465 relating to the standing of CGPA to challenge a decision of the Minister of Health listing fluticasone furoate under the data protection regulations. The court held that the CGPA does not have standing to challenge the decision.
Continue reading Federal Court decision in Canadian Generic Pharmaceutical Association