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.
40354
Licensing IP International S.À.R.L., et al. v. Sweet Productions Inc., 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) |
|---|---|---|
| 2023-11-06 | Close file on Leave | |
| 2023-09-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-09-21 | Judgment on leave sent to the parties | |
| 2023-09-21 |
Decision on motion to reverse the judgment (s. 70 of the Act), See judgment on application for leave to appeal. Granted |
|
| 2023-09-21 |
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, Number A-100-21, 2022 FCA 111, dated June 10, 2022, is granted. The appellants apply for an order, pursuant to s. 70 of the Supreme Court Act, reversing the judgment of the Federal Court of Appeal dated June 10, 2022, and restoring the judgment of the Federal Court, Number T-1440-19, 2021 FC 216, dated March 10, 2021. The appellants bring the motion under s. 70 of the Supreme Court Act on the basis that the parties have settled their dispute and have made a reversal on consent order a condition of their settlement. Upon reading the materials filed by the parties, and noting the consent of the respondents to a reversal of the judgment pursuant to s. 70 of the Supreme Court Act; IT IS HEREBY ORDERED THAT: The motion to reverse the judgment of the Federal Court of Appeal is granted. The judgment of the Federal Court of Appeal bearing court file number A-100-21, 2022 FCA 111, and dated June 10, 2022, is set aside, and the judgment of the Federal Court, bearing court file number T-1440-19, 2021 FC 216, dated March 10, 2021, is restored. Granted |
|
| 2023-08-08 | Submission of motion to reverse the judgment (s. 70 of the Act) | |
| 2023-08-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-07-28 | Other book of authorities, (Book Form), Motion for reversal, Completed on: 2023-09-21, (Printed version due on 2023-08-04) | Licensing IP International S.À.R.L. |
| 2023-07-25 | Motion to reverse the judgment (s. 70 of the Act), (Book Form), Completed on: 2023-09-21, (Printed version due on 2023-08-01) | Licensing IP International S.À.R.L. |
| 2022-10-20 | Correspondence received from, Notice to suspend the LTA in abeyance pending the finalizing of the settlement. | Licensing IP International S.À.R.L. |
| 2022-10-17 | Notice of name, (Letter Form), (Printed version due on 2022-10-24) | Sweet Productions Inc. |
| 2022-10-17 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-10-24) | Sweet Productions Inc. |
| 2022-10-17 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-11-10, (Printed version due on 2022-10-24) | Sweet Productions Inc. |
| 2022-09-15 | Letter acknowledging receipt of a complete application for leave to appeal, FILED OPENED: 2022-09-15 | |
| 2022-09-09 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2022-09-12) | Licensing IP International S.À.R.L. |
| 2022-09-09 | Notice of name, (Letter Form), (Printed version filed on 2022-09-12) | Licensing IP International S.À.R.L. |
| 2022-09-09 | Application for leave to appeal, (Book Form), Completed on: 2022-09-09, (Printed version filed on 2022-09-12) | Licensing IP International S.À.R.L. |
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 |
|---|---|---|
| Licensing IP International S.À.R.L. | Applicant | Active |
| 9279-2738 Quebec Inc. | Applicant | Active |
| 9219-1568 Quebec Inc. | Applicant | Active |
| Société de Gestion FDCO Inc. | Applicant | Active |
| Antoon, Feras | Applicant | Active |
| Tassillo, David | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sweet Productions Inc. | Respondent | Active |
| Enchanted Rise Group Limited | Respondent | Active |
Counsel
Party: Licensing IP International S.À.R.L.
Counsel
Denis Douville
800 Square Victoria, Suite 3500
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7400
FAX: (514) 397-7600
Email: mshortt@fasken.com
Agent
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com
Party: 9279-2738 Quebec Inc.
Counsel
Denis Douville
800 Square Victoria, Suite 3500
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7400
FAX: (514) 397-7600
Email: mshortt@fasken.com
Agent
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com
Party: 9219-1568 Quebec Inc.
Counsel
Denis Douville
800 Square Victoria, Suite 3500
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7400
FAX: (514) 397-7600
Email: mshortt@fasken.com
Agent
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com
Party: Société de Gestion FDCO Inc.
Counsel
Denis Douville
800 Square Victoria, Suite 3500
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7400
FAX: (514) 397-7600
Email: mshortt@fasken.com
Agent
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com
Party: Antoon, Feras
Counsel
Denis Douville
800 Square Victoria, Suite 3500
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7400
FAX: (514) 397-7600
Email: mshortt@fasken.com
Agent
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com
Party: Tassillo, David
Counsel
Denis Douville
800 Square Victoria, Suite 3500
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7400
FAX: (514) 397-7600
Email: mshortt@fasken.com
Agent
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com
Party: Sweet Productions Inc.
Counsel
Nicholas James
Claire Stempien
550 Burrard Street
Suite 2300
Vancouver, British Columbia
V6C 2B5
Telephone: (604) 683-6498
FAX: (604) 683-3558
Email: nelson.godfrey@gowlingwlg.com
Party: Enchanted Rise Group Limited
Counsel
Nicholas James
Claire Stempien
550 Burrard Street
Suite 2300
Vancouver, British Columbia
V6C 2B5
Telephone: (604) 683-6498
FAX: (604) 683-3558
Email: nelson.godfrey@gowlingwlg.com
Summary
Keywords
Civil procedure — Delay — Motion to dismiss action for undue delay — Standard of review of order of Prothonotary — What is the proper approach to dismissal for delay in civil cases? — What standard of review applies when an appellate court reviews a trial judge’s review of a Prothonotary, Master or similar judicial officer, including factual findings made for the first time by the trial reviewing court?
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 underlying dispute is a copyright infringement action before the Federal Court. The applicants were defendants before the Federal Court and brought a motion to dismiss the respondents’ action for undue delay. The motion was denied by a Prothonotary of the Federal Court, granted by a judge of the Federal Court on appeal, and denied again upon further appeal to the Federal Court of Appeal.
Lower court rulings
Federal Court
2021 FC 216, T-1440-19
Appeal of order of Prothonotary allowed; action dismissed.
Federal Court of Appeal
2022 FCA 111, A-100-21
Appeal allowed in part; order of Prothonotary that proceeding continue as a specially managed proceeding reinstated.
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