Decision

GE Renewable Energy Canada Inc. v. Canmec Industrial Inc., 2024 FCA 139

Justice Goyette; Justice Boivin; Justice Walker - 2024-09-04

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The case involved an appeal to reverse a Federal Court Order regarding a motion to amend an Amended Statement of Claim in a copyright infringement action. The Motion Judge found the appellant’s motion to be against the interests of justice and dismissed their request for an adjournment. The Court applied the standard of review as palpable and overriding error for questions of fact and mixed fact and law, and of correctness for questions of law. It was argued that the Motion Judge made errors of law and palpable errors, but the Court disagreed. The Motion Judge correctly applied the legal test and considered relevant factors, providing a thorough analysis. The Court concluded that there were no legal errors or palpable overriding errors. As a result, the appeal was dismissed with costs.

Decision relates to:

 

Canadian Intellectual Property