Baxter Travenol Laboratories v. Cutter (Canada)

Baxter Travenol Laboratories v. Cutter (Canada)

Although a formal Federal Court judgment and injunction take effect on signing under Rule 337, acts occurring after delivery of reasons but before signing may amount to contempt if they interfere with the administration of justice or impair the authority or dignity of the court; the appeal is allowed and the matter...

Source-derived case information.

Citation
[1983] 2 SCR 388
Parties
Appellant: Baxter Travenol Laboratories of Canada Limited; Appellant: Travenol Laboratories Inc.; Appellant: Baxter Travenol Laboratories, Inc.; Respondent: Cutter (Canada), Ltd.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 November 1983
Procedural Posture
Patent Infringement; Contempt Proceedings / Appeal to Supreme Court of Canada; Matter Remitted to Federal Court, Trial Division for Decision on the Merits
Outcome
Appeal allowed; matter remitted to the Federal Court, Trial Division for a hearing and decision on the merits of the contempt allegations.
Legal Topics
Injunctions, Effective Date of Judgment, Federal Court Rules, Show Cause Order, Interference With Administration of Justice
Source Language
english
Intellectual Property Civil Procedure Contempt of Court Injunctions Effective Date of Judgment Federal Court Rules Show Cause Order Interference With Administration of Justice

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Parties

Baxter Travenol Laboratories of Canada Limited

Appellant

Travenol Laboratories Inc.

Appellant

Baxter Travenol Laboratories, Inc.

Appellant

Cutter (Canada), Ltd.

Respondent

Procedural Posture

Patent Infringement; Contempt Proceedings / Appeal to Supreme Court of Canada; Matter Remitted to Federal Court, Trial Division for Decision on the Merits

Legal Issues

  1. 1 Whether contempt can be found for acts alleged to breach an injunction committed after reasons for decision are delivered but before formal judgment is signed under Rule 337
  2. 2 Whether Rule 337 makes a Federal Court judgment and injunction effective only upon signing the Form 14 document
  3. 3 Whether acts between delivery of reasons and signing of judgment can constitute contempt by interfering with the orderly administration of justice or impairing the court's authority

Ratio Decidendi

Although a formal Federal Court judgment and injunction take effect on signing under Rule 337, acts occurring after delivery of reasons but before signing may amount to contempt if they interfere with the administration of justice or impair the authority or dignity of the court; the appeal is allowed and the matter remitted for a merits hearing.

Court Disposition

Appeal allowed; matter remitted to the Federal Court, Trial Division for a hearing and decision on the merits of the contempt allegations.

Orders

  • Remitted to Federal Court, Trial Division for decision on the merits
  • Appellants awarded party-and-party costs on the preliminary objection phase