Roundup includes Bereskin & Parr, Smart & Biggar in industrial design infringement action
This week’s Federal Court roundup includes multiple lawsuits involving First Nations communities, including a claim against the licensing of fish farms within the South Coast community of Kingcome Inlet, BC. These lawsuits included McKercher, Pandila & Co., Abrametz & Eggum, and Parlee McLaws all appearing in court. The court also heard several intellectual property and immigration cases.
Members of the Dzawada'enuxw First Nation from Kingcome Inlet, BC, filed an action challenging the federal government’s policy of authorizing licenses for fish farms operating in their waters without consultation with the nation. The Dzawada'enuxw community claimed that they fished for, harvested, and traded eulachon and salmon species which run in their waters and these acts were part of the distinctive aboriginal culture of the Dzawada'enuxw. They alleged that the federal government “have diminished, threatened, disrupted, damaged, interfered with and infringed” their aboriginal rights over the eulachon and salmon fisheries by issuing licenses for the fish farms which will allegedly pollute their waters and endanger the wild eulachon and salmon populations. In the suit before the federal court, the Dzawada'enuxw First Nation was represented by aboriginal law specialist, Jack Woodward QC.
In another lawsuit involving aboriginal law, the federal court ordered Karen Bird to be re-instated as chief of the Peter Ballantyne Cree Nation (PBCN) until the resolution of the judicial review application regarding her removal as chief by the First Nations Elders Council. The council decided to remove her following formal complaints about her unprofessional conduct and violent behaviour at a meeting of the PBCN chief and council and band staff in Edmonton, AB. Bird was represented by McKercher LLP, PBCN was represented by Pandila & Co., and the band council and council of elders were represented by Abrametz & Eggum.
Parlee McLaws LLP appeared in court on behalf of Swan River First Nation Chief and Council (SRFN). The underlying action was commenced by Shawna Jean and Robert Houle, challenging the refusal of the electoral officer to accept their nominations as Chief and Councillor of the SRFN in the 2019 general election.
In the area of intellectual property, Toronto-based lighting company, Eurofase Inc. filed an action for industrial design infringement against Crystal World Inc. Bereskin & Parr LLP acted as the legal counsel for Eurofase, while Smart & Biggar represented Crystal World.
The Federal Court also heard several actions brought pursuant to the Patented Medicines (Notice of Claim) Regulations. Some of the firms appearing in court were Belmore Neidrauer LLP for Janssen Inc., Aitken Klee LLP for Pharmascience Inc. and Natco Pharma Inc., and Blake Cassels & Graydon LLP for Pharmacyclics LLC.
Under patent infringement actions, Blake Cassels & Graydon LLP acted for Medexus Pharmaceuticals and Aurora Cannabis Inc., Gilbert’s LLP represented Accord Healthcare Inc., and DLA Piper LLP for Willow Biosciences.
In the area of immigration and refugee law, the firms that appeared in court include Pax Law Corporation, Gardner Law, Atul Subedi Professional Corporation, Refugee Law Office, Gertler Law Office, Topmarke Attorneys LLP, Jackman & Associates, Dewart Gleason LLP, S Duong Law Professional Corp., Crossley Law, Kang & Company, Mamann Sandaluk & Kingwell, and Lewis & Associates.
