Decision

Advantage Products Inc. v. Excalibre Oil Tools Ltd., 2019 FCA 22

Justice Noël; Justice Stratas; Justice Woods - 2019-01-31

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Excalibre move for an order dismissing for delay the appeals of Advantage in files A-460-16 and A-469-16. I would grant Excalibre’s motion. ... Long ago, Advantage’s counsel was removed from the record and Advantage has not appointed new counsel of record. Further, Advantage has done nothing to advance the appeals for over a year. Excalibre also moves for a judgment allowing its cross-appeal in file A-460-16. Alternatively, it moves for an order permitting it to requisition a hearing in the cross-appeal and proceed with it without regard to the availability of Advantage. ... In these circumstances, the alternative relief sought by Excalibre is appropriate.

Decision relates to:

 

Canadian Intellectual Property