Docket

29437

Percy Schmeiser, et al. v. Monsanto Canada Inc., et al.

(Federal Court) (Civil) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2004-09-14 Record returned to the Registrar of the Court of Appeal
2004-07-22 Appeal closed
2004-05-25 Judgment on appeal and notice of deposit of judgment sent to all parties
2004-05-21 Judgment on the appeal rendered, CJ Ia Ma Ba Bi Arb LeB De F, The appeal from the judgment of the Federal Court of Appeal, Number A-367-01, dated September 4, 2002, heard on January 20, 2004 is allowed in part, Iacobucci, Bastarache, Arbour and LeBel JJ, dissenting in part. The award for account of profit is set aside and, in all other respects, the trial judge's order is confirmed. Each party is to bear its own costs throughout.

Allowed in part
2004-05-05 Correspondence (sent by the Court) to, all parties, re: lock-up, from A. Roland
2004-04-26 Correspondence received from, Terry Zakreski re: lock-up Percy Schmeiser
2004-04-26 Correspondence received from, Roger T. Hugues, re: lock-up Monsanto Canada Inc.
2004-04-19 Correspondence (sent by the Court) to, all parties re: lock-up
2004-02-26 Correspondence received from, Burke-Robertson dated 02/26/04 joint with the complete report of Norman Siebrasse put in the Appellants' Book of Authorities, vol. II, tab 41(sent to the judges 03/01/04) Percy Schmeiser
2004-02-09 Transcription received, (91 pages)
2004-01-20 Judgment reserved OR rendered with reasons to follow
2004-01-20 Acknowledgement and consent for video taping of proceedings, from all parties
2004-01-20 Respondent's condensed book, 14 copies recvd in court Monsanto Canada Inc.
2004-01-20 Appellant's condensed book, 14 copies recvd in court Percy Schmeiser
2004-01-20 Hearing of the appeal, 2004-01-20, CJ Ia Ma Ba Bi Arb LeB De F
Judgment reserved
2004-01-19 Correspondence received, from Gowlings, Henry S. Brown re: order of presentation of interveners for hearing.
2004-01-12 Notice of appearance, from Burke-Robertson Council of Canadians; Action Group on Erosion, Technology and Concentration; Sierra Club of Canada; National Farmers Union; Research Foundation for Science; Technology and Ecology; and International Centre for Technology Assessment
2004-01-09 Correspondence received from, R. Danyliuk dated Jan. 6, 2004 re: requesting 10 minutes of oral presentation Ag-West Biotech Inc.
2004-01-09 Notice of appearance, from Gowling Ag-West Biotech Inc.
2004-01-09 Notice of appearance, from Gowling Canadian Canola Growers Association (CCGA)
2004-01-09 Notice of appearance, from Gowling Attorney General for Ontario
2004-01-09 Notice of appearance, from Gowling BIOTECanada
2004-01-07 Order by, Ia, UPON APPLICATIONS by the Canadian Canola Growers Association, the Attorney General for Ontario, Ag-West Biotech Inc., the Council of Canadians, the Action Group on Erosion, Technology and Concentration, the Sierra Club of Canada, the National Farmers Union, the Research Foundation for Science, Technology and Ecology and the International Center for Technology Assessment, the Canadian Seed Trade Association and BioteCanada for leave to intervene in the above appeal and pursuant to the order of October 23, 2003;
IT IS HEREBY FURTHER ORDERED THAT the said interveners, Canadian Canola Growers Association and the Attorney General for Ontario, are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
IT IS HEREBY FURTHER ORDERED THAT the said intervener, Ag-West Biotech Inc., is denied permission to present oral argument at the hearing of the appeal.
IT IS HEREBY FURTHER ORDERED THAT the said interveners, Council of Canadians, the Action Group on Erosion, Technology and Concentration, the Sierra Club of Canada, the National Farmers Union, the Research Foundation for Science, Technology and Ecology and the International Center for Technology Assessment, are granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
IT IS HEREBY FURTHER ORDERED THAT the said interveners, Canadian Seed Trade Association and BioteCanada, are granted permission to present oral argument not exceeding fifteen (15) minutes to be divided by agreement between the parties or, failing agreement, to be divided equally, the submissions of Canadian Seed Trade Association to be limited to issue (3) of its factum.
Allowed in part
2004-01-06 Notice of appearance, (A. David Morrow and Colin B. Ingram will be present at hearing.) Canadian Seed Trade Association
2003-12-29 Correspondence received from, C.B. Ingram re: oral argument Canadian Seed Trade Association
2003-12-23 Correspondence received from, H.S. Brown, Q.C. re: oral argument BIOTECanada
2003-12-18 Book of authorities, Completed on: 2003-12-18 BIOTECanada
2003-12-18 Intervener's factum, (joint factum with Canadian Seed Trade Association), Completed on: 2003-12-18 BIOTECanada
2003-12-18 Book of authorities, Completed on: 2003-12-18 Canadian Seed Trade Association
2003-12-18 Book of authorities, Completed on: 2003-12-18 Attorney General for Ontario
2003-12-18 Intervener's factum, Completed on: 2003-12-18 Attorney General for Ontario
2003-12-18 Book of authorities, Completed on: 2003-12-18 Canadian Canola Growers Association (CCGA)
2003-12-18 Intervener's factum, Completed on: 2003-12-18 Canadian Canola Growers Association (CCGA)
2003-12-18 Book of authorities, Completed on: 2003-12-18 Council of Canadians; Action Group on Erosion, Technology and Concentration; Sierra Club of Canada; National Farmers Union; Research Foundation for Science; Technology and Ecology; and International Centre for Technology Assessment
2003-12-18 Intervener's factum, Completed on: 2003-12-18 Council of Canadians; Action Group on Erosion, Technology and Concentration; Sierra Club of Canada; National Farmers Union; Research Foundation for Science; Technology and Ecology; and International Centre for Technology Assessment
2003-12-17 Book of authorities, Completed on: 2003-12-18 Ag-West Biotech Inc.
2003-12-17 Intervener's factum, Completed on: 2004-01-15 Ag-West Biotech Inc.
2003-12-17 Order on motion to strike out, (BY FISH J.)
2003-12-17 Decision on motion to amend, F, On October 23, 2003, I granted the separate applications for leave to intervene of the applicants, Canadian Seed Trade Association ("SCTA") and BIOTECanada Inc., who were then represented by the same counsel, and authorized the filing of a joint factum not to exceed 25 pages. The applicant, now separately represented, seeks relief from my order of October 23, 2003, on the ground that the applicant and the CSTA have "different client bases", "different interest in the appeal" and "divergent directions".
Nothing in the materials before me, however, suggests that these differences (except, of course, for the change of counsel) have arisen since the applications of the CSTA and BIOTECanada Inc. for leave to intervene were presented to the Court. Moreover, pursuant to rule 75 of the Rules of the Supreme Court of Canada, there shall be no reconsideration or rehearing of a motion.
The present motion is dismissed with costs.
Dismissed, with costs
2003-12-17 Order on motion to amend, (BY FISH J.)
2003-12-17 Decision on motion to amend, F, The motion filed by Canadian Seed Trade Association under Rule 81(1)(a) does not meet the conditons of that sub-paragraph.
Accordingly, the motion is dismissed with costs.
Dismissed, with costs
2003-12-16 Submission of motion to amend, F
2003-12-12 Correspondence received from, H. Brown dated Dec. 12, 2003 (fax copy) re: motion to amend BIOTECanada
2003-12-11 Response to motion to amend, (Letter Form), Completed on: 2003-12-11 Percy Schmeiser
2003-12-03 Response to motion to amend, (Letter Form), from Roger T. Hughes, Q.C. dated 12/02/03 (to BIOTECanada's motion), Completed on: 2003-12-03 Monsanto Canada Inc.
2003-12-01 Correspondence received from, Colin B. Ingram dated 12/02/03 re: will not be filing a reply to responses to motion to amend Canadian Seed Trade Association
2003-12-01 Motion to amend, , Justice Fish's decision of 10/23/03 namely to file a factum of 20 pages not joint with Canadian Seed Trade Ass., Completed on: 2003-12-03 BIOTECanada
2003-11-26 Response to motion to amend, Completed on: 2003-11-26 Percy Schmeiser
2003-11-26 Response to motion to amend, (Letter Form), from Steven Shrybman dated 11/29/03, Completed on: 2003-11-26 Council of Canadians; Action Group on Erosion, Technology and Concentration; Sierra Club of Canada; National Farmers Union; Research Foundation for Science; Technology and Ecology; and International Centre for Technology Assessment
2003-11-24 Notice of hearing sent to parties
2003-11-20 Response to motion to amend, (Letter Form), from Nelligan O'Brien Payne dated 11/20/03, Completed on: 2003-11-20 Monsanto Canada Inc.
2003-11-20 Appeal hearing scheduled, 2004-01-20
Judgment reserved
2003-11-19 Notice of change of counsel, to Mr. Anthony Creber of Gowlings (service rec'd Nov. 24/03) BIOTECanada
2003-11-19 Motion to amend, Justice Fish's decision of 10/23/03 namely to file a factum not joint with BIOTECanada, Completed on: 2003-11-19 Canadian Seed Trade Association
2003-10-28 Respondent's book of authorities, Completed on: 2003-10-28 Monsanto Canada Inc.
2003-10-28 Respondent's record, Vol. I & II, Completed on: 2003-10-28 Monsanto Canada Inc.
2003-10-28 Respondent's factum, (25 copies), Completed on: 2003-10-28 Monsanto Canada Inc.
2003-10-28 Appeal perfected for hearing
2003-10-23 Order on motion for leave to intervene, (BY FISH J.)
2003-10-23 Decision on the motion for leave to intervene, F, The motion for leave to intervene of the applicant, the Canadian Canola Growers Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.
The motion for leave to intervene of the applicant, the Attorney General for Ontario, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.
The motion for leave to intervene of the applicant, Ag-West Biotech Inc., is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.
The motion for leave to intervene of the applicant, the Council of Canadians, the Action Group on Erosion, Technology and Concentration, the Sierra Club of Canada, the National Farmers Union, the Research Foundation for Science, Technology and Ecology and the International Center for Technology Assessment, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.
The motion for leave to intervene of the applicants, the Canadian Seed Trade Association and BioteCanada, are granted and the applicants shall be entitled to serve and file a joint factum not to exceed 25 pages in length.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
Granted
2003-10-21 Submission of motion for leave to intervene, F
2003-10-20 Reply to the motion for leave to intervene, Completed on: 2003-10-21 Ag-West Biotech Inc.
2003-10-17 Reply to the motion for leave to intervene, Completed on: 2003-10-17 BIOTECanada
2003-10-17 Reply to the motion for leave to intervene, Completed on: 2003-10-17 Canadian Seed Trade Association
2003-10-14 Reply to the motion for leave to intervene, to response of Percy Schmeiser, et al, Completed on: 2003-10-15 Canadian Canola Growers Association (CCGA)
2003-10-14 Response to the motion for leave to intervene, (Letter Form), from Nelligan O'Brien Payne dated 10/14/03 re: will not be filing a response to the applicationS for leave to intervene, Completed on: 2003-10-14 Monsanto Canada Inc.
2003-10-09 Response to the motion for leave to intervene, to all interventions (book form), Completed on: 2003-10-09 Percy Schmeiser
2003-09-30 Motion for leave to intervene, (book form), Completed on: 2003-09-30 Canadian Seed Trade Association
2003-09-30 Motion for leave to intervene, (book form), Completed on: 2003-09-30 BIOTECanada
2003-09-29 Motion for leave to intervene, (book form), Completed on: 2003-09-29 Attorney General for Ontario
2003-09-29 Motion for leave to intervene, (book form), Completed on: 2003-09-29 Council of Canadians; Action Group on Erosion, Technology and Concentration; Sierra Club of Canada; National Farmers Union; Research Foundation for Science; Technology and Ecology; and International Centre for Technology Assessment
2003-09-29 Motion for leave to intervene, book form, Completed on: 2003-09-29 Ag-West Biotech Inc.
2003-09-26 Motion for leave to intervene, book form (original affidavit rec'd Sept. 30/03), Completed on: 2003-09-26 Canadian Canola Growers Association (CCGA)
2003-09-02 Appellant's book of authorities, Vol. I & II, Completed on: 2003-09-02 Percy Schmeiser
2003-09-02 Appellant's record, Vol. I to X, Completed on: 2003-09-02 Percy Schmeiser
2003-09-02 Appellant's factum, Completed on: 2003-09-02 Percy Schmeiser
2003-06-25 Appeal court record, (7 bundles + 3 boxes)
2003-06-09 Notice of appeal, Completed on: 2003-06-09 Percy Schmeiser
2003-05-23 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2003-05-09 Judgment on leave sent to the parties
2003-05-08 Decision on the application for leave to appeal, G Ma Arb, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-367-01, dated September 4, 2002, is granted with costs to the applicants in any event of the cause.

Granted, with costs to the applicant(s) in any event of the cause
2003-03-31 All materials on application for leave submitted to the Judges, G Ma Arb
2003-03-27 Order on miscellaneous motion, (BY DEPUTY REGISTRAR)
2003-03-27 Decision on the miscellaneous motion, DeRg, UPON APPLICATION by counsel on behalf of the applicants for an order permitting the filing of supplementary material on the leave application, namely an article entitled ‘A Remedial Benefit-Based Approach to the Innocent User Problem in the Patenting of Higher Life forms, with Reference to Accounting of Profits and Monsanto Canada Inc. v. Schmeiser';
IT IS HEREBY ORDERED THAT:
The motion is dismissed as the affidavit in support fails to justify why the applicants should be permitted to file the unpublished article and how this article will be of any assistance to the Court.
Dismissed
2003-03-25 Submission of miscellaneous motion, DeRg
2003-03-14 Response to miscellaneous motion, Completed on: 2003-03-14 Monsanto Canada Inc.
2003-03-10 Notice of miscellaneous motion, to file supplementary material (6 copies), Completed on: 2003-03-10 Percy Schmeiser
2003-02-13 Correspondence received from, R. T. Hughes, Q.C. dated Feb. 12/03 (by fax) re: in response to R. E. Houston, Q.C.'s letter dated Feb. 10/03 and the article Monsanto Canada Inc.
2003-02-10 Correspondence received from, R. E. Houston, Q.C. re: enclosing an article (motion to file supplementary material requested) Percy Schmeiser
2003-01-22 Letter acknowledging receipt of a complete application for leave to appeal
2003-01-16 Correspondence received from, Mr. Terry J. Zareski, dated Jan. 15/03 RE: supplemental Form 25B Percy Schmeiser
2002-12-09 Applicant's reply to respondent's argument, Completed on: 2002-12-09 Percy Schmeiser
2002-11-29 Book of authorities Monsanto Canada Inc.
2002-11-29 Respondent's response on the application for leave to appeal, Completed on: 2002-11-29 Monsanto Canada Inc.
2002-11-04 Book of authorities, of the Applicant / du demandeur Percy Schmeiser
2002-11-04 Application for leave to appeal, (received A/C order Dec 30, 2002 / Reçu ordonnance C/A le 30 déc/02)(supplemental certificate on ban filed 01/16/03/attestation supplémentaire sur non-publication déposée le 16/01/03), Completed on: 2003-01-07 Percy Schmeiser