Greenblue Urban North America Inc. v. Deeproot Green Infrastructure, LLC., 2024 FCA 19
Justice Mactavish; Justice Gleason; Justice Woods - 2024-01-25
Read full decision. Automatically generated summary:
The appellant has brought a motion seeking both an extension of time within which to bring its motion and an order varying this Court’s judgment in 2023 FCA 184, to change the disposition to allow the appeal as opposed to dismissing it. For the reasons that follow, this motion will be dismissed, with costs. ... First, the appellant’s motion was brought well outside the applicable ten-day time limit provided in Rule 397(1) ... The appellant also does not meet the second criterion for the extension of time because its explanation for the delay in bringing this motion is not reasonable. ... Likewise, the third criterion for the extension is absent because there is no merit to the appellant’s claims. The Court did deal with the appellant’s overbreadth arguments that the claims were broader than the invention made, as the appellant eventually conceded in paragraphs 4 to 6 of its reply submissions on this motion. [DLA Piper represented the successful respondent]
Decision relates to:
- A-181-21 - GREENBLUE URBAN NORTH AMERICA INC.v. DEEPROOT GREEN INFRASTRUCTURE,LLC ET AL which is an appeal from 2021 FC 501 in T-954-18