BETWEEN:
and
Heard at Toronto, Ontario, on May 5, 2009.
Judgment delivered from the Bench at Toronto, Ontario, on May 5, 2009.
REASONS FOR JUDGMENT OF THE COURT BY: LAYDEN-STEVENSON J.A.
Docket: A-357-08
Citation: 2009 FCA 142
CORAM: LINDEN J.A.
SEXTON J.A.
LAYDEN-STEVENSON J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Appellant
and
SARNOFF CORPORATION
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on May 5, 2009)
LAYDEN-STEVENSON J.A.
[1] Despite the capable submissions of the appellant’s counsel, we have not been persuaded that the applications judge’s finding of fact that the Patent Office “had to have had an appointment of associate agent” was manifestly or palpably wrong as required by Housen v. Nikolaisen, [2002] 2 S.C.R. 235. There is some evidence in the record to support the factual finding as described in the reasons of the applications judge.
[2] Consequently, it is not necessary to address the remaining arguments. The appeal will be dismissed, but without costs pursuant to section 25 of the Act.
“Carolyn Layden-Stevenson”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-357-08
(AN APPEAL FROM THE ORDER OF THE HONOURABLE MR. JUSTICE HUGHES, OF THE FEDERAL COURT, DATED JUNE 6, 2008, IN FEDERAL COURT DOCKET NO. T-1436-02.)
STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA v.
SARNOFF CORPORATION
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT OF THE COURT BY: (LINDEN, SEXTON & LAYDEN-STEVENSON JJ.A.)
DELIVERED FROM THE BENCH BY: LAYDEN-STEVENSON J.A.
APPEARANCES:
|
Ms. Jacqueline Dais-Visca
|
FOR THE APPELLANT
|
|
Mr. R. Scott Jolliffe Mr. Kevin Sartorio |
FOR THE RESPONDENT
|
|
|
|
SOLICITORS OF RECORD:
|
Deputy Attorney General of Canada Toronto, ON |
FOR THE APPELLANT
|
|
Gowling Lafleur Henderson LLP Barristers & Solicitors Toronto, ON |
FOR THE RESPONDENT
|