Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
29738
Dutch Industries Ltd. v. Barton No-Till Disk Inc. and Flexi-Coil Ltd., et al.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2003-12-18 | Close file on Leave | |
| 2003-12-12 | Judgment on leave sent to the parties | |
| 2003-12-11 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Numbers A-573-01 and A-574-01, dated March 7, 2003, is dismissed with costs to the respondents Barton No-Till Disk Inc. and Flexi-Coil Ltd. Dismissed, costs against the respondent |
|
| 2003-12-11 |
Decision on motion to adduce new evidence, The motion to adduce fresh evidence is granted. Granted |
|
| 2003-11-10 | All materials on application for leave submitted to the Judges, Ia Bi Arb | |
| 2003-11-10 | Submission of motion to adduce new evidence, Ia Bi Arb | |
| 2003-09-29 | Response to the motion to adduce new evidence, 5 copies (book form), Completed on: 2003-09-29 | Dutch Industries Ltd. |
| 2003-09-26 | Correspondence received from, M. Charness dated Sept. 26, 2003 (fax copy) re: motion for fresh evidence | Barton No-Till Disk Inc. and Flexi-Coil Ltd. |
| 2003-09-24 | Correspondence received from, Cory J. Furman dated 09/23/03 re:motion filed 09/19/03 | Dutch Industries Ltd. |
| 2003-09-19 | Motion to adduce new evidence, Completed on: 2003-09-19 | Barton No-Till Disk Inc. and Flexi-Coil Ltd. |
| 2003-06-24 | Order on motion to leave to intervene, (BY ARBOUR J.) | |
| 2003-06-24 |
Decision on motion for leave to intervene, Arb, UPON APPLICATION by Johnston & Johnson Inc., Expandable Grafts Partnership and Cordis Corporation, for leave to intervene in the application for leave to appeal; AND HAVING READ the material filed; IT IS HEREBY ORDERED: The applicants are seeking leave to intervene in an application for leave to appeal. They acknowledge, rightly, that interventions in the leave process are rarely granted (Gamble v. R. (20433) (June 12, 1987), Crown Trust v. Ontario (Attorney General) (17823) (September 15, 1983), and Eastmain Band v. Robinson (23382) (March 12, 1993). The applicants' proposed intervention does not add in any significant way to the issues joined between the parties as to whether the decision of the Federal Court of Appeal raises issues of public or national importance. The motion is dismissed. Dismissed |
|
| 2003-06-23 | Submission of motion for leave to intervene, Arb | |
| 2003-06-18 | Response to the motion for leave to intervene, Completed on: 2003-06-18 | The Commissioner of Patents |
| 2003-06-16 | Response to the motion for leave to intervene, book form, Completed on: 2003-06-16 | Barton No-Till Disk Inc. and Flexi-Coil Ltd. |
| 2003-06-13 | Applicant's reply to respondent's argument, (to response of Barton No-Till Disk Inc.), Completed on: 2003-06-13 | Dutch Industries Ltd. |
| 2003-06-09 | Respondent's response on the application for leave to appeal, (Letter Form), from F. Woyiwada dated June 4, 2003 re: takes no position, Completed on: 2003-06-09 | The Commissioner of Patents |
| 2003-06-04 | Respondent's response on the application for leave to appeal, Completed on: 2003-06-04 | Barton No-Till Disk Inc. and Flexi-Coil Ltd. |
| 2003-06-04 | Motion for leave to intervene, 3 copies - book form (proof of delivery requested), Completed on: 2003-10-24 | Johnson & Johnson Inc., Expandable Grafts Partnership and Cordis Corporation |
| 2003-05-26 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-05-08 | Correspondence received, From Norman Bowley stating he is the agent for Furman & Kallio. | |
| 2003-05-05 | Application for leave to appeal, Completed on: 2003-05-05 | Dutch Industries Ltd. |
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
| Name | Role | Status |
|---|---|---|
| Dutch Industries Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Barton No-Till Disk Inc. and Flexi-Coil Ltd. | Respondent | Active |
| The Commissioner of Patents | Respondent | Active |
Counsel
Party: Dutch Industries Ltd.
Counsel
1400-2002 Victoria Avenue
Regina, Saskatchewan
S4P 0R7
Telephone: (306) 347-0007
FAX: (306) 359-6956
Agent
200 Isabella Street
Suite 203
Ottawa, Ontario
K1S 1V7
Telephone: (613) 238-2002
FAX: (613) 233-7965
Party: Barton No-Till Disk Inc. and Flexi-Coil Ltd.
Counsel
Mitchell B. Charness
J. Douglas Wilson
150 Metcalfe Street, 19th Floor
Ottawa, Ontario
K2P 1P1
Telephone: (613) 236-1995
FAX: (613) 236-2485
Party: The Commissioner of Patents
Counsel
234 Wellington Street, 11th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2353
FAX: (613) 954-1920
Email: Frederick.Woyiwada@justice.gc.ca
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
Federal Court of Canada, Trial Division
T-967-00, T-968-00
Decisions of Respondent Commissioner of Patents to accept payments on account of underpaid maintenance fees after the prescribed time for payment set aside; matters remitted to the Commissioner for redetermination
Federal Court of Appeal
A-573-01, A-574-01
Appeal allowed in part: Trial division order amended
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
Related links
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
Related links
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