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Ontario Court of Appeal upheld Brady Robertson’s convictions and 17-year sentence, rejecting a Charter challenge to the 5 ng/mL THC limit.
The proclamation imposing a province-wide restricted travel zone in all "woods" was unreasonable because the Minister failed to consider Charter rights and values (notably s.6 mobility and related Charter values) as required by Doré and Vavilov; that defective decision-making process rendered the proclamation invalid even if the objective was legitimate.
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The Ontario Court of Appeal held that the Binance summons was overbroad and an unreasonable seizure, and set it aside, while rejecting s. 144(1) jurisdiction arguments.
The motion for public interest standing was granted because the challenge raised a serious justiciable issue, CCF demonstrated a genuine interest and was not a busybody despite being Ontario‑headquartered, and CCF has the capacity, expertise and does not pose a prejudicial duplication of judicial resources such that its suit is a reasonable and effective means of bringing the issues before the court; the existence of a parallel individual judicial review did not render CCF’s participation unnecessary or prejudicial.
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Majority (Gomery A.C.J.A. and Harvison Young J.A.): s.7 protects an irreducible sphere of personal autonomy that includes choices of residence; s.24(4) of the Canada Elections Act automatically vacating a returning officer’s office if they cease to reside in the electoral district is overbroad, violates s.7 and is not justified under s.1; declaration under s.52(1) that s.24(4) is of no force or effect. Dissent (Miller J.A.): s.7 is confined to deprivations arising from interactions with the administration of justice and would uphold the residence rule.
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The Federal Court construed key patent terms in McCain’s potato-processing patent, found Simplot’s PEF process outside the claims, and dismissed the action.
The Federal Court found no infringement of ProSlide’s asserted patents by WhiteWater’s AquaSphere, Orbiter, or Tailspin, and held several asserted claims invalid.
The Court upheld the Federal Court's construction that in the context of the 784 Patent a "physiologically acceptable" salt requires non-toxicity and also sufficient stability and purity (not degraded); the Federal Court did not err in relying on expert evidence and its factual findings supported conclusions of overbreadth and insufficiency; the appeal was dismissed with costs.
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The Federal Court held several asserted claims in three Nordik Blades patents invalid for obviousness, rejected overbreadth and section 53 arguments, and dismissed the Trademarks Act claim.
The Federal Court dismissed Takeda’s patent action against Apotex, finding no infringement of the dexlansoprazole claims and invalidity for inadequate disclosure and unsound prediction of utility.
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