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.
41676
Steelhead LNG (ASLNG) Ltd., et al. v. ARC Resources 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) |
|---|---|---|
| 2025-08-08 | Close file on Leave | |
| 2025-07-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-07-03 | Judgment on leave sent to the parties | |
| 2025-07-03 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-361-23, 2024 FCA 212, dated December 11, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-07-03 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application Granted |
|
| 2025-06-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-06-02 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-03-31 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2025-03-31) | Steelhead LNG (ASLNG) Ltd. |
| 2025-03-31 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-03-31, (Printed version filed on 2025-03-31) | Steelhead LNG (ASLNG) Ltd. |
| 2025-03-19 | Notice of name, (Letter Form), (Printed version filed on 2025-03-20) | ARC Resources Ltd. |
| 2025-03-19 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2025-03-20) | ARC Resources Ltd. |
| 2025-03-19 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-03-20) | ARC Resources Ltd. |
| 2025-03-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-03-21, (Printed version filed on 2025-03-20) | ARC Resources Ltd. |
| 2025-02-17 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2025-02-14 | Notice of name, (Letter Form), (Printed version filed on 2025-02-18) | Steelhead LNG (ASLNG) Ltd. |
| 2025-02-14 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2025-02-18) | Steelhead LNG (ASLNG) Ltd. |
| 2025-02-14 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-02-18) | Steelhead LNG (ASLNG) Ltd. |
| 2025-02-14 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2025-02-17, (Printed version filed on 2025-02-18) | Steelhead LNG (ASLNG) Ltd. |
| 2025-02-14 | Application for leave to appeal, (Book Form), Completed on: 2025-02-14, (Printed version filed on 2025-02-18) | Steelhead LNG (ASLNG) 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 |
|---|---|---|
| Steelhead LNG (ASLNG) Ltd. | Applicant | Active |
| Steelhead LNG Limited Partnership | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| ARC Resources Ltd. | Respondent | Active |
| Rockies LNG Limited Partnership, Rockies LNG GP Corp., Birchcliff Energy Ltd. | Respondent | Active |
Counsel
Party: Steelhead LNG (ASLNG) Ltd.
Counsel
Vik Tenekjian
Kevin Siu
Andrea Rico Wolf
Dylan Gibbs
125 Queens Quay East, 8th Floor
P.O. Box 19
Toronto, Ontario
M5A 0Z6
Telephone: (416) 703-1100
FAX: (416) 703-7422
Email: tim@gilbertslaw.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Steelhead LNG Limited Partnership
Counsel
Vik Tenekjian
Kevin Siu
Andrea Rico Wolf
Dylan Gibbs
125 Queens Quay East, 8th Floor
P.O. Box 19
Toronto, Ontario
M5A 0Z6
Telephone: (416) 703-1100
FAX: (416) 703-7422
Email: tim@gilbertslaw.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: ARC Resources Ltd.
Counsel
Daniel Cappe
3400 - 333 Bay Street
Bay Adelaide Centre
Toronto, Ontario
M5H 2S7
Telephone: (416) 979-2211
FAX: (416) 979-1234
Email: abrodkin@goodmans.ca
Party: Rockies LNG Limited Partnership, Rockies LNG GP Corp., Birchcliff Energy Ltd.
Counsel
Daniel Cappe
3400 - 333 Bay Street
Bay Adelaide Centre
Toronto, Ontario
M5H 2S7
Telephone: (416) 979-2211
FAX: (416) 979-1234
Email: abrodkin@goodmans.ca
Summary
Keywords
Intellectual property — Patents — Validity of patent — Anticipation — Obviousness — Respondents challenging validity of patent — Federal Court allowing the claim in part holding all but five claims anticipated and/or obvious based on prior art — Federal Court of Appeal dismissing appeal — What is the appropriate legal test for anticipation in the context of a combination invention? — How does that test differ from obviousness?
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 applicants own a patent, which claims a floating liquefied natural gas facility. The applicants’ action for patent infringement was dismissed and the respondents counterclaimed to challenge the validity of the patent. The Federal Court allowed the counterclaim in part and all but five claims were invalidated based on anticipation and/or obviousness. The Federal Court of Appeal dismissed the appeal, stating that the applicants did not satisfy the hard-to-meet standard of palpable and overriding error.
Lower court rulings
Counterclaim allowed in part; all but five of the patent claims held to be invalid
Appeal dismissed
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