Farmobile, LLC v. Farmers Edge Inc.

Farmobile, LLC v. Farmers Edge Inc.

Rule 213(1) precludes, as of right, a summary judgment motion once a trial date has been fixed even if that date is later adjourned sine die; the moving party must seek leave under Rule 55, and leave was denied here because Farmers Edge failed to show special circumstances producing significant savings or lack of prejudice, and it delayed unreasonably in bringing the motion.

Citation
2020 FC 688
Parties
Plaintiff/defendant by Counterclaim: Farmobile, LLC; Defendant/plaintiff by Counterclaim: Farmers Edge Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
15 June 2020
Procedural Posture
Patent Infringement / Pre Trial (case Management): Motion for Leave to Bring Summary Judgment)
Outcome
Farmers Edge's request to proceed with its proposed summary judgment motion is dismissed; Farmobile awarded costs.
Legal Topics
Summary Judgment, Trial Scheduling, Federal Courts Rules Rule 213(1), Rule 55 Discretion, Costs
Source Language
English
Patent Law Intellectual Property Civil Procedure Summary Judgment Trial Scheduling Federal Courts Rules Rule 213(1) Rule 55 Discretion Costs

Case Brief

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Parties

Farmobile, LLC

Plaintiff/defendant by Counterclaim

Farmers Edge Inc.

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement / Pre Trial (case Management): Motion for Leave to Bring Summary Judgment)

Legal Issues

  1. 1 Whether the Timing Condition in Rule 213(1) is engaged given prior fixed trial dates adjourned sine die
  2. 2 Whether the Court should exercise its discretion under Rule 55 to permit a summary judgment motion after a trial date was fixed

Ratio Decidendi

Rule 213(1) precludes, as of right, a summary judgment motion once a trial date has been fixed even if that date is later adjourned sine die; the moving party must seek leave under Rule 55, and leave was denied here because Farmers Edge failed to show special circumstances producing significant savings or lack of prejudice, and it delayed unreasonably in bringing the motion.

Court Disposition

Farmers Edge's request to proceed with its proposed summary judgment motion is dismissed; Farmobile awarded costs.

Orders

  • Farmers Edge's proposed motion for summary judgment shall not be permitted to proceed.
  • Costs are fixed in the amount of $5,000.00, inclusive of disbursements and taxes, payable by Farmers Edge to Farmobile in any event of the cause, but not forthwith.