On January 20, 2021, the Federal Court of Appeal dismissed the
appeal in
CanMar Foods Ltd. v. TA Foods Ltd 2021 FCA 7.
This precedent setting appeal stems from the underlying decision of
Justice Manson which itself was recognized as the Canadian Patent
Impact Case of the Year by Managing Intellectual Property (MIP)
Americas Awards 2020. Gowling WLG successfully represented TA
Foods both at trial and on appeal. Our earlier articles and
discussion on the trial decision are available here and here.
This appellate decision reiterates that summary judgment is a
viable, efficient and relatively inexpensive procedural route to
exit patent actions even before discovery where it is clear that