Case information
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39937
Eugene Seymour v. Her Majesty the Queen in Right of Canada (Canadian Intellectual Property-Rights Office)
(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) |
|---|---|---|
| 2023-05-03 | Close file on Leave | |
| 2023-05-02 | Certificate of taxation issued to, Sarah Jiwan | |
| 2023-05-02 | Decision on the bill of costs, in the amount of $1,077.70, Reg | |
| 2023-05-02 | Submission of the bill of costs, Reg | |
| 2023-04-03 | Reconsideration not accepted for filing, Letter by the Registrar (sent by email) | |
| 2022-08-09 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2022-04-29 | Certificate (on limitations to public access), (Letter Form), Motion for Reconsideration, (Printed version due on 2022-05-06) | Eugene Seymour |
| 2022-04-29 | Motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2022-08-08, (Printed version due on 2022-05-06) | Eugene Seymour |
| 2022-04-22 |
Correspondence (sent by the Court) to, I acknowledge receipt of your document entitled MotionA14 received on April 14, 2022, in which you request a review of my decision dated April 6, 2022, not accepting your correspondence, received on April 4, 2022, for filing with this Court. I must inform you that, as provided for by sub-rule 32(2) of the Rules of the Supreme Court of Canada, my decision not to accept a document filed after the application for leave to appeal is not an order. As a result, Rule 78 does not apply and it is therefore not possible to seek a review of that decision. |
|
| 2022-04-19 | Bill of costs, Completed on: 2022-04-27 | Her Majesty the Queen in Right of Canada (Canadian Intellectual Property-Rights Office) |
| 2022-04-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-04-07 | Judgment on leave sent to the parties | |
| 2022-04-07 |
Judgment of the Court on the application for leave to appeal, The miscellaneous motions are dismissed. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-398-19, 2021 FCA 180, dated September 14, 2021, is dismissed with costs. Dismissed, with costs |
|
| 2022-04-07 |
Decision on the miscellaneous motion, See decision on application. Dismissed |
|
| 2022-04-06 | Correspondence (sent by the Court) to, Rule 32(2) of the Rules of the Supreme Court of Canada stipulates that no documents shall be filed after the application for leave to appeal has been submitted, unless the Registrar otherwise directs. | |
| 2022-03-02 | Correspondence received from, Applicant reply motion | Eugene Seymour |
| 2022-02-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-02-28 | Submission of miscellaneous motion, for consideration by the Court | |
| 2022-02-23 | Notice of name | Her Majesty the Queen in Right of Canada (Canadian Intellectual Property-Rights Office) |
| 2022-02-18 | Notice of miscellaneous motion, (Book Form), Motion 2 : default judgment, Completed on: 2022-02-28, (Printed version due on 2022-02-25) | Eugene Seymour |
| 2022-02-16 | Correspondence received from, re: motion 1 - refer back to CIPO | Eugene Seymour |
| 2022-02-02 | Notice of miscellaneous motion, (Book Form), Motion 1 - refer the case back to Patent Office (CIPO), Completed on: 2022-02-28, (Printed version due on 2022-02-09) | Eugene Seymour |
| 2022-01-25 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-02-01) | Eugene Seymour |
| 2022-01-25 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-02-22, (Printed version due on 2022-02-01) | Eugene Seymour |
| 2022-01-21 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-01-28) | Her Majesty the Queen in Right of Canada (Canadian Intellectual Property-Rights Office) |
| 2022-01-21 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-02-22, (Printed version due on 2022-01-28) | Her Majesty the Queen in Right of Canada (Canadian Intellectual Property-Rights Office) |
| 2021-12-17 | Certificate (on limitations to public access) | Eugene Seymour |
| 2021-12-16 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2021-12-16 | |
| 2021-11-10 |
Application for leave to appeal, (Book Form), Required: Public Access to Information Form (rec'd 2021-12-17) , Completed on: 2022-02-25, (Printed version due on 2021-11-18) |
Eugene Seymour |
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 |
|---|---|---|
| Seymour, Eugene | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of Canada (Canadian Intellectual Property-Rights Office) | Respondent | Active |
Counsel
Party: Seymour, Eugene
This party is not represented by counsel.
Party: Her Majesty the Queen in Right of Canada (Canadian Intellectual Property-Rights Office)
Counsel
50 O'Connor Street, Suite 500
Civil Litigation Section
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6265
FAX: (613) 954-1920
Email: sarah.jiwan@justice.gc.ca
Summary
Keywords
Civil procedure — Federal Court — Motion to extend time to file Notice of Appeal from a decision of the Commissioner of Patents refusing to grant application for a patent — Motion dismissed — Does the application for leave to appeal raise an issue of public importance?
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.
The applicant, Mr. Seymour, was unsuccessful before the Commissioner of Patents on application for a patent, and filed for an extension of time to file a Notice of Appeal before the Federal Court, which has a six month statutory appeal period. Central to his submissions was the argument that the impending 2019 federal election could result in a change in unspecified government officials involved in the review of his patent application. The Federal Court dismissed Mr. Seymour’s motion for an extension of time, having found that Mr. Seymour’s justification for delay was unreasonable. It concluded this for two reasons: (1) the importance of respecting time limits set by Parliament; and the principle of political neutrality that governs the federal public service. The Federal Court of Appeal found that the Federal Court made no reviewable error and dismissed Mr. Seymour’s appeal.
Lower court rulings
Federal Court
19-T-37
Motion to extend time to file Notice of Appeal from a decision of the Commissioner of Patents refusing to grant application for a patent dismissed
Federal Court of Appeal
2021 FCA 180, A-398-19
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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Related links
Factums on appeal
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.
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