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Canada Case Law

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Intellectual property 2022 FC 921

Surewerx USA Inc. v. Dentec Safety Specialists Inc.

The Federal Court removed an SEO designation from the defendant's manufacturer identity, finding the defendant had not shown on a balance of probabilities that disclosure could cause harm.

  • Patent infringement
  • Industrial design
  • Protective orders
  • Solicitors' eyes only designations
  • Burden of proof on confidentiality challenge
  • Stay pending appeal
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Intellectual property 2020 FC 1161

Richards Packaging Inc. v. Distrimedic Inc.

The Federal Court allowed Richards’ appeal in part, validating C-CEO designations for four documents and rejecting Distrimedic’s cross-motion for de novo reconsideration.

  • C-ceo designations
  • Protective orders
  • Discovery and confidentiality agreements
  • Standard of review
  • Empty‑head principle
  • Confidentiality-orders
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Intellectual property 2020 FC 261

Depura Partners LLC's v. Desjardins General Insurance Inc.

The Federal Court validated C-CEO designations for sensitive discovery documents, upheld related sealing orders, and awarded the defendants $3,000 in costs.

  • Protective order
  • Counsel's eyes only designation
  • Implied undertaking rule
  • Discovery
  • Sealing orders
  • Patent infringement/validity (underlying)
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Civil procedure 2019 BCSC 1932

Araya v. Nevsun Resources Inc.

The court held asylum and refugee applications could remain confidential, expanded access to documents for certain witnesses and the defendant, and ordered review of redactions.

  • Confidential documents
  • Redaction
  • Asylum/refugee records
  • Discovery
  • Protective orders
  • Reprisal risk
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Intellectual property 2011 FC 1437

Tremblay v. Orio Canada Inc.

Motion granted in a copyright infringement action: leave to amend pleadings, production of client-related documents under a protective order, and continuation of discovery were ordered.

  • Copyright ownership
  • Amendment of pleadings
  • Production of documents
  • Protective order
  • Examination for discovery
  • Copyright-infringement
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Civil procedure 2005 FC 1148

Henkel Canada Corporation v. Conros Corporation

Appeal from a prothonotary’s refusal to vary a confidentiality order was dismissed because no change in circumstances or compelling reason was shown.

  • Variation of confidentiality orders
  • Standard of review for prothonotary discretionary orders
  • Authorized recipient of confidential information
  • Change in circumstances/compelling reasons test
  • Confidentiality-orders
  • Prothonotary-appeals
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Patent law 2004 FC 1723

Merck & Co. v. Apotex Inc.

The Federal Court allowed Apotex to use a confidential patent application and its prosecution history in a proposed notice of allegation, and varied the protective order.

  • Implied undertaking rule
  • Variation of protective order
  • Patented medicines (notice of compliance) regulations (noc)
  • Use of prosecution file history
  • Invalidity challenge via noc notice
  • Implied-undertaking-rule
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Civil procedure 2004 NSSC 219

Scotia Innovators Inc. v. Bartlett Plastic and Precision Machining Ltd.

Application refused on discretionary grounds: the chambers judge declined to decide the discovery and relevance disputes and referred the matters to Justice Scanlan because the issues were closely linked to Scanlan J.'s earlier decision, a decision on relevance/confidentiality would be premature before a determination of liability, and there was a risk of contradicting the earlier judge; severance and confidentiality processes should be addressed by Scanlan J.

  • Discovery
  • Interrogatories
  • Supplementary list of documents
  • Severance of issues
  • Confidentiality orders
  • Res judicata
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Patent law 2004 FC 378

Astrazeneca Canada Inc. v. Canada (Minister of Health)

The Federal Court varied a prior protective order so AstraZeneca could use confidential material from earlier proceedings in a related judicial review, subject to new confidentiality protections.

  • Patented medicines (notice of compliance) regulations
  • Judicial review of administrative decision
  • Variation of protective order
  • Use and disclosure of confidential litigation materials
  • Remedies for patent disputes
  • Protective-order
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Civil procedure 2002 FCT 428

Foster Miller Inc. v. Babcock & Wilcox Industries Ltd.

The Federal Court granted a confidentiality order for licensing, pricing, technical, and royalty documents, finding disclosure could harm the plaintiffs’ commercial interests.

  • Protective order
  • Confidentiality order
  • Discovery
  • Expurgation
  • For-counsels-eyes-only
  • Protective-order
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.