Cases scheduled at Federal Court this week involve tax and intellectual property law
This week, hearings scheduled before the Federal Court of Appeal and the Federal Court included matters relating to treaty obligations, income tax collection, and allegations of copyright, patent, and trademark infringement.
The appeal court scheduled Doan v. Clearview AI Inc., A-341-23 on Jan. 29, Wednesday. This appeal wanted to set aside a Federal Court order denying the appellant’s motion to certify a class proceeding.
In the underlying action, the appellant alleged that the respondent breached copyright protections by collecting, storing, and using for commercial purposes photographs with human faces for its facial recognition tool.
The court set Adeia Guides, Inc. et al. v. BCE Inc. et al., T-1184-21 on Jan. 27, Monday. The plaintiffs in this case alleged infringement of patents relating to offering access to recordings, delivering video programming, and distributing content.
Last Nov. 18, in Adeia Guides, Inc. v. BCE Inc., 2024 FC 1842, the Federal Court allowed the defendant to serve and file a proposed second amended statement of defence and counterclaim, subject to certain revisions to the pleading.
The court scheduled Minister of National Revenue v. Ne'eman Foundation Canada, T-3231-24 on Jan. 28, Tuesday. The applicant in this tax matter requested a court order allowing the immediate taking of collection actions relating to amounts assessed in connection with the respondent.
Last Dec. 4, in Canada (National Revenue) v. Ne'eman Foundation Canada, 2024 FC 1932, the Federal Court granted the application for an order under s. 225.2(2) of the Income Tax Act, 1985. The court permitted the applicant to immediately take the actions provided under ss. 225.1(1)(a) to (g) of the Income Tax Act in relation to the amounts assessed against the respondent.
The court set Abdelrazik v. His Majesty the King et al, T-1580-09 on Jan. 29, Wednesday. Here, the court granted the defendants’ motion to adjourn the trial to accommodate an application under s. 38 of the Canada Evidence Act, 1985.
The court awarded the plaintiff the trial costs that were wasted due to the adjournment. On June 3, 2019, in Abdelrazik v. Canada, 2019 FC 769, the Federal Court ordered the defendants to pay the plaintiff the amount of $65,455.50 plus taxes.
The court scheduled Peigan v. His Majesty the King in Right of Canada, et al., T-1437-14 on Jan. 30, Thursday. The plaintiffs in this case claimed that the defendant failed to fulfill outstanding treaty obligations and failed to properly implement their obligations under a settlement agreement.
On July 5, 2017, in Pasqua First Nation v. Canada, 2017 FC 655, the Federal Court dismissed a motion of the plaintiffs, who requested an order for the defendant to fund their legal costs in advance and to pay $584,081.83.
The court set Seylynn (North Shore) Development Limited Partnership v. Denna Homes Group, T-1059-22 on Jan. 31, Friday. The infringement claim in this case concerned a trademark and trade name allegedly used in association with real estate and related services.
Last June 26, in Seylynn (North Shore) Development Limited Partnership v. Denne Homes Group, 2024 FC 994, the Federal Court dismissed a motion by the plaintiffs, who wanted the defendants to serve and file an accurate and complete affidavit of documents.