Case information
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39600
J.R. Simplot Company, et al. v. McCain Foods Limited, 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) |
|---|---|---|
| 2021-09-24 | Close file on Leave | |
| 2021-09-24 | Correspondence (sent by the Court) to, both parties, Re: certificate of taxation | |
| 2021-09-24 | Certificate of taxation issued to, Mark Edward Davis | |
| 2021-09-24 | Decision on the bill of costs, in the amount of $1,027.00, DeRg | |
| 2021-09-24 | Submission of the bill of costs, DeRg | |
| 2021-07-22 | Bill of costs, (Letter Form), Completed on: 2021-09-16, (Printed version due on 2021-07-29) | McCain Foods Limited |
| 2021-07-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-07-08 | Judgment on leave sent to the parties | |
| 2021-07-08 |
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-482-19 and A-486-19, 2021 FCA 4, dated January 14, 2021, is dismissed with costs. Dismissed, with costs |
|
| 2021-06-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-06-03 | Certificate (on limitations to public access), (Letter Form), 23B-Reply, (Printed version due on 2021-06-10) | J.R. Simplot Company |
| 2021-05-31 | Applicant's reply to respondent's argument, (Book Form), require: 23B - rec'd 2021-06-03, Completed on: 2021-06-04, (Printed version filed on 2021-06-02) | J.R. Simplot Company |
| 2021-05-19 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version due on 2021-05-27) | McCain Foods Limited |
| 2021-05-19 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-05-27) | McCain Foods Limited |
| 2021-05-19 | Notice of name, (Letter Form), (Printed version due on 2021-05-27) | McCain Foods Limited |
| 2021-05-19 | Book of authorities, (Book Form), Completed on: 2021-06-02, (Printed version due on 2021-05-27) | McCain Foods Limited |
| 2021-05-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-06-02, (Printed version due on 2021-05-27) | McCain Foods Limited |
| 2021-05-19 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version due on 2021-05-27) | Elea Vertriebs-Und-Vermarketungsgesellschaft, MBH |
| 2021-05-19 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-06-01) | Elea Vertriebs-Und-Vermarketungsgesellschaft, MBH |
| 2021-05-19 | Notice of name, (Letter Form), (Printed version filed on 2021-06-01) | Elea Vertriebs-Und-Vermarketungsgesellschaft, MBH |
| 2021-05-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-06-02, (Printed version filed on 2021-06-01) | Elea Vertriebs-Und-Vermarketungsgesellschaft, MBH |
| 2021-04-19 |
Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-04-19 |
|
| 2021-03-15 | Certificate (on limitations to public access), 23B | J.R. Simplot Company |
| 2021-03-15 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-03-16) | J.R. Simplot Company |
| 2021-03-15 | Notice of name, (Letter Form), (Printed version filed on 2021-03-16) | J.R. Simplot Company |
| 2021-03-15 | Application for leave to appeal, (Book Form), Filing fee required. (rec'd 2021-05-20), Completed on: 2021-05-20, (Printed version filed on 2021-03-16) | J.R. Simplot Company |
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 |
|---|---|---|
| J.R. Simplot Company | Applicant | Active |
| Simplot Canada (II) Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| McCain Foods Limited | Respondent | Active |
| Elea Vertriebs-Und-Vermarketungsgesellschaft, MBH | Respondent | Active |
Counsel
Party: J.R. Simplot Company
Counsel
Daniel S. Davies
Matthew Norton
900 - 55 Metcalfe Street
P.O. Box 2999, Station D
Ottawa, Ontario
K1P 5Y6
Telephone: (613) 232-2486
FAX: (613) 232-8440
Email: sgarland@smart-biggar.ca
Party: Simplot Canada (II) Limited
Counsel
Daniel S. Davies
Matthew Norton
900 - 55 Metcalfe Street
P.O. Box 2999, Station D
Ottawa, Ontario
K1P 5Y6
Telephone: (613) 232-2486
FAX: (613) 232-8440
Email: sgarland@smart-biggar.ca
Party: McCain Foods Limited
Counsel
Kassandra Shortt
Chelsea Nimmo
3000 - 222 Bay Street
P.O. Box 53, TD Centre
Toronto, Ontario
M5K 1E7
Telephone: (416) 216-4000
FAX: (416) 216-3930
Email: mark.davis@nortonrosefulbright.com
Agent
45 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8654
FAX: (613) 230-5459
Email: matthew.halpin@nortonrosefulbright.com
Party: Elea Vertriebs-Und-Vermarketungsgesellschaft, MBH
Counsel
Benjamin Reingold
TD North Tower, 77 King Street West
Suite 4020, P.O. Box 16
Toronto, Ontario
M5K 1A1
Telephone: (416) 863-1771
FAX: (416) 863-9171
Email: peter.wilcox@belmorelaw.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Courts — Federal court — Jurisdiction — Intellectual property — Patents — Third party claims — What is the meaning and scope of s. 20(2) of the Federal Courts Act, RSC 1985, c F 7 — Does the common law encompass a right for a defendant to third party claim against a joint tortfeasor — Is the Federal Court barred from allowing defendants to pursue claims of contribution or indemnity in the context of a Federal Court proceeding that is otherwise within its jurisdiction?
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.
McCain Foods Limited owns Canadian Patent No. 2,412,841. The patent relates to a system that reduces the resistance of frozen fruits and vegetables to cutting after they are cooked. A German company, Elea, manufactures and supplied the system at issue to J.R. Simplot Company and Simplot Canada Limited (together Simplot). In 2017, McCain sued Simplot, alleging violation of their patent. In response, Simplot filed a statement of defence and counterclaim. Simplot also contacted Elea for an indemnity which was refused. As a result, Simplot filed a motion to amend its statement of defence and counterclaim to include defences related to Elea and to serve and file a third party claim against Elea. McCain opposed Simplot’s motion. In 2019, a Prothonotary of the Federal Court granted Simplot leave to amend their statement of defence and counterclaim with leave and an extension of time to commence their third party claim. McCain appealed the Prothonotary’s orders and filed a motion to strike the third party claim. The Federal Court struck portions of the statement of defence and counterclaim but granted leave to amend them. The Federal Court also dismissed the motion to strike the third party claim in its entirety and granted leave to amend. In a unanimous decision, the Federal Court of Appeal allowed the appeal of the third party claim and struck it in its entirety without leave to amend. The Court of Appeal dismissed the appeal of the statement of defence and counterclaim.
Lower court rulings
Federal Court
T-1624-17; 2019 FC 1635
Appeal of statement of defence and counterclaim allowed in part; portions of statement of defence and counterclaim struck with leave to amend; motion to strike third party claim in its entirety dismissed; leave granted to amend third party claim.
Federal Court of Appeal
2021 FCA 4, A-482-19; A-486-19
Appeal of statement of defence and counterclaim dismissed; Appeal of third party claim allowed; third party claim struck in its entirety without leave to amend.
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
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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
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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
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