Taillefer v. Canada (Attorney General), 2025 FCA 28
Justice Stratas; Justice Heckman; Justice Goyette - 2025-02-04
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The court addressed an appeal regarding the refusal of a reinstatement request for a Canadian patent due to non-payment of mandatory maintenance fees. The patent was deemed expired after the appellant and their patent agent failed to pay the required fees, partially due to a series of crucial emails being misdirected to the junk folder. The Commissioner of Patents concluded that due care was not taken in this situation, as the appellant had not established a system to monitor fee payments or mitigate risks from potential communication failures. The Federal Court upheld the Commissioner's decision, noting it was reasonable and adequately justified. The appeal court affirmed this by confirming the appropriate standard of review was reasonableness and that the Commissioner’s analysis met the necessary legal criteria. Consequently, the appeal was dismissed, and costs were awarded to the respondent.
Decision relates to:
- A-103-24 - ROBERT TAILLEFER v. ATTORNEY GENERAL OF CANADA et al. which is an appeal from 2024 FC 259 in T-201-23