In an action brought under s. 6(1) of the PM(NOC) Regulations, the Defendant brought a motion for leave to amend its Statement of Defence, less than 15 months before trial, both to make certain corrections and clarifications and to assert new invalidity defences, where previously, only the Gilette defence had been raised.

This decision relates to a motion by the Defendants/Plaintiffs by Counterclaim, Pattison, to exclude a reply report of an expert that was submitted by the Plaintiff/Defendant by Counterclaim, T-Rex. The Court excluded the report on the basis that only a new matter that could not reasonably have been anticipated can be made the subject of a valid reply.

This decision relates to a motion for an increase in security for costs pursuant to rule 416(6) of the Federal Courts Rules. It was the second motion for an increase in security for costs sought by Pattison in this patent infringement action.

This case involved two motions for summary trial (the Plaintiff moved for summary trial on its claims, and the Defendants moved for summary trial on their counterclaim) where both parties’ motions were granted, and that ultimately resulted in the Plaintiff’s action for passing off being dismissed and the Plaintiff’s trademark being expunged.

The defendants defended the plaintiff’s motion for summary judgment for passing off, and successfully expunged the plaintiff’s registered trademark (see 2022 FC 1042). The defendant was entitled to costs on the motions for summary judgment.

Federal Court expunges trademark registration for being filed in bad faith

The Court granted the defendants’ moved to dismiss or permanently stay the copyright infringement proceeding on the basis of cause of action estoppel and abuse of process.

The plaintiff rights owner to a movie sought default judgment against a series of defendants alleged to have used a peer-to-peer service to download the movie. CIPPIC intervened.

This case is an appeal brought by the Defendants to the Order of Case Management Judge Aalto (CMJ) on March 22, 2022. The Defendants appealed the dismissal of the Defendants’ motion to strike the Plaintiff’s Statement of Claim against Telefonaktiebolaget L M Ericsson, Ericsson Canada Inc., MK Systems USA Inc., and MK Mediatech Canada Inc. (Mediakind) for failure to plead material facts supporting their infringement claim.

This case involved an appeal (pursuant to Rule 51 of the Federal Courts Rules) to the Prothonotary’s order on April 5, 2022. The Order granted the Plaintiff a 90-day extension to serve his Statement of Claim to Genie Bouchard (one of the Defendants), and dismissed his motion for substitutional service.