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23409

Imperial Oil Limited and its subdivision Paramins v. Lubrizol Corporation, et al.

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1997-08-08 Close file on Leave
1993-11-01 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, F.C.A. (Ottawa, Ontario)
1993-11-01 Copy of formal judgment on leave being prepared, Blake, Cassels & Graydon (Toronto, ON)
1993-11-01 Copy of formal judgment on leave being prepared, Lang, Michener (Ottawa, ON)
1993-10-08 Notice of deposit of judgment issued to all parties, Lang, Michener (Ottawwa, ON)
1993-10-08 Notice of deposit of judgment issued to all parties, Blake, Cassels & Graydon (Toronto, ON)
1993-10-07 Judgment of the Court on the application for leave to appeal, LaF Co Ia, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1993-10-07 Hearing of the application for leave to appeal, 1993-10-07, LaF Co Ia
1993-10-07 All materials on application for leave submitted to the Judges, 1993-10-07, LaF Co Ia
1993-08-27 Applicant's reply to respondent's argument, 5 copies (see order dated August 11, 1993) sent to LaF Co I, August 27/93, with service Imperial Oil Limited and its subdivision Paramins
1993-08-11 Order on motion to extend time, to file the applicant's reply to Aug. 31/93
1993-08-05 Decision on motion to extend time, to serve and file the applicant's reply to Aug. 31/93, Reg
Granted, no order as to costs
1993-08-05 Hearing of motion to extend time, 1993-08-05, to serve and file the applicant's reply to Aug. 31/93, Reg
1993-08-05 Submission of motion to extend time, 1993-08-05, to serve and file the applicant's reply to Aug. 31/93, Reg
1993-08-04 All materials on application for leave submitted to the Judges, LaF Co I
1993-08-04 Response to motion to extend time, to serve and file the reply to Aug. 31/93; 2 copies Lubrizol Corporation
1993-08-04 Affidavit, to serve and file the reply to Aug. 31/93; 2 copies; Anthony M. Prenol, with service Imperial Oil Limited and its subdivision Paramins
1993-08-04 Motion to extend time, to serve and file the reply to Aug. 31/93; 2 copies, with service Imperial Oil Limited and its subdivision Paramins
1993-07-30 General proceeding, to note 5 copies of CONFIDENTIAL VOLUME, with service Lubrizol Corporation
1993-07-30 Book of authorities, 5 copies, with service Lubrizol Corporation
1993-07-30 Respondent's response on the application for leave to appeal, 5 copies, with service Lubrizol Corporation
1993-07-30 Order on miscellaneous motion, for a protective order: order to be in form consented to by parties and as attached to their consent
1993-07-30 Decision on the miscellaneous motion, Ia, Upon application on behalf of the Applicant (Defendant) and Respondents (Plaintiffs) for a protective order, namely an order to protect the confidentiality and secrecy of certain information and documentation disclosed or to be disclosed by the Respondents to the Appellant herein, and to protect the confidentiality and secrecy of certain information and documentation disclosed or to be disclosed by the Appellant to the Respondents herein in connection with this matter and any appeal heard before this Court relating to Supreme Court of Canada File No. 23409; AND UPON reading the consent of the parties by their counsel in respect of the Order herein; THIS COURT DOTH ORDER: For the purposes of this application and any other matters arising in relation to Supreme Court of Canada File No. 23409 and for which the Applicant (Defendant) and/or Respondents (Plaintiffs) may produce information and documentation relating to certain matters which they consider to be confidential or secret and for which the Applicant or the Respondents seek to protect in accordance with the terms of this Order, such information and documentation shall be dealt with as follows: 1. (a) The terms of the Order of Mr. Peter A.K. Giles, A.S.P. Federal Court of Canada, Trial Division dated August 5/88 in Federal Court of Canada shall continue to apply mutatis mutandis to the information, documents and portions thereof which may be produced or filed by the parties in any proceedings in this Court relating to Supreme Court of Canada File No. 23409. (b) All documents or portions thereof produced by the parties which are marked "SUBJECT TO PROTECTIVE ORDER" pursuant to the Order of Mr. Peter A.K. Giles, A.S.P. dated August 5, 1988 (Federal Court File No. T-577-87) shall also be subject to the terms of this Order. 2. The documents containing such information so designated when filed with this Court shall not form part of the public record and shall be filed sealed in envelopes to be opened by a Judge of this Court and made available only to the Judges of this Court, their law clerks, and appropriate Court personnel. The Registry of this Court shall not make such documents available to the public. 3. Nothing in this Order shall in any way restrict the use of any documentation or information by the party producing such documentation or providing such information. 4. The parties or either of them may apply to vary this Order or for directions as to any dispute with regard to its application. 5. Costs of this application to be in the cause.
Granted, no order as to costs
1993-07-30 Hearing of miscellaneous motion, 1993-07-30, Ia
1993-07-30 Submission of miscellaneous motion, 1993-07-30, Ia
1993-07-29 Response to miscellaneous motion, for an order to protect the confidentiality of certain information Lubrizol Corporation
1993-07-29 Affidavit, for an order to protect the confidentiality of certain information (of Peter E.J. Wells) Imperial Oil Limited and its subdivision Paramins
1993-07-29 Notice of miscellaneous motion, for an order to protect the confidentiality of certain information Imperial Oil Limited and its subdivision Paramins
1993-07-05 Decision on motion to extend time, to serve & file the respondent's response to July 30/93, DeRg
Granted, no order as to costs
1993-07-05 Hearing of motion to extend time, 1993-07-05, to serve & file the respondent's response to July 30/93, DeRg
1993-07-05 Submission of motion to extend time, 1993-07-05, to serve & file the respondent's response to July 30/93, DeRg
1993-07-02 Correspondence received from, sent to Blake, Cassels & Graydon (Toronto, ON) enclosing receipt for $30.00 filing fee
1993-06-30 Response to motion to extend time, to serve and file the respondent's response to July 30/93 Imperial Oil Limited and its subdivision Paramins
1993-06-30 Affidavit, to serve and file the response to July 30/93; Roderic Hinton, with service Lubrizol Corporation
1993-06-30 Motion to extend time, to serve and file the response to July 30/93, with service Lubrizol Corporation
1993-06-09 Book of authorities, 5 copies, with service Imperial Oil Limited and its subdivision Paramins
1993-06-09 $30.00 filing fee, receipt no. 27171 Imperial Oil Limited and its subdivision Paramins
1993-06-09 Application for leave to appeal, 5 copies (see order dated Feb. 5, 1993), with service, Completed on: 1993-06-09 Imperial Oil Limited and its subdivision Paramins
1993-02-10 Order on motion to extend the time to file and/or serve the leave application, With service
1993-02-05 Decision on motion to extend time to file and /or serve the leave application, to a date sixty days after the date on which judgment has been settled and issued pursuant to Rule 337(2)(b) of the Federal Court of Appeal., So
Granted, no order as to costs
1993-02-05 Hearing of motion to extend time to file and/ or serve the leave application, 1993-02-05, to a date sixty days after the date on which judgment has been settled and issued pursuant to Rule 337(2)(b) of the Federal Court of Appeal., So
1993-02-05 Submission of motion to extend time to file and/ or serve the leave application, 1993-02-05, to a date sixty days after the date on which judgment has been settled and issued pursuant to Rule 337(2)(b) of the Federal Court of Appeal., So
1993-02-02 Response to the motion to extend the time to file and / or serve the leave application, 2 copies Lubrizol Corporation
1993-02-02 Affidavit, 2 copies; Anthony M. Prenol, with service Imperial Oil Limited and its subdivision Paramins
1993-01-02 Motion to extend the time to file and or serve the application for leave to appeal, 2 copies, with service Imperial Oil Limited and its subdivision Paramins

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Imperial Oil Limited and its subdivision Paramins Applicant Active

v.

Main parties - Respondents
Name Role Status
Lubrizol Corporation Respondent Active
Lubrizol Canada, Limited Respondent Active

Counsel

Party: Imperial Oil Limited and its subdivision Paramins

Counsel
Name
John F. Howard, Q.C.
Contact information
Blake, Cassels & Graydon
COMMERCE CT W
PO BOX 25 STN COMMERCE CRT
TORONTO, Ontario
M5L 1A9
Telephone: (416) 863-2400
FAX: (416) 863-2653

Party: Lubrizol Corporation

Counsel
Name
Donald J. Wright, Q.C.
Contact information
Lang Michener
2500 - 181 BAY ST
BOX 747
TORONTO, Ontario
M5J 2T7
Telephone: (416) 360-8600
FAX: (416) 365-1719
Agent
Name
Eugene Meehan
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Lubrizol Canada, Limited

Counsel
Name
Donald J. Wright, Q.C.
Contact information
Lang Michener
2500 - 181 BAY ST
BOX 747
TORONTO, Ontario
M5J 2T7
Telephone: (416) 360-8600
FAX: (416) 365-1719
Agent
Name
Eugene Meehan
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

September 17, 1990
Federal Court of Canada, Trial Division

T-577-87

respondents' action for infringement andinducing infringement of patent allowed

December 4, 1992
Federal Court of Appeal

A-737-90

appeal allowed in part

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

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Date modified: 2025-02-27