IP infringement suit with Norton Rose Fulbright, Piasetzki Nenniger Kvas also in court this week
The Federal Court of Canada heard a $25-million-dollar suit filed by the Alogonquins of Barriere Lake First Nation against the federal government for breach of fiduciary duty this week, with Hensel Barristers in court representing the plaintiffs. Cases involving pension benefits of members of the Canadian Armed Forces, intellectual property rights, and immigration law are also part of this week’s roundup of Federal Court activity.
Hensel Barristers represented the Algonquins of Barriere Lake First Nation in a suit against the federal government, Atmacinta Hartel Financial Management Corporation, and BDO Canada LLP. Barriere Lake claimed that each of the defendants owed the First Nation a fiduciary duty as a result of their possession and administration of funds intended for the use and benefit of their community. They sought damages in the amount of $25 million for breach of fiduciary duty, breach of contract, interference with economic relations, and negligent misrepresentations.
Deborah Patterson sued the Ministry of National Defense and the Ministry of Public Services and Procurement. From 1979 to 2008, Patterson was employed with the Canadian Armed Forces in the reserve force. In 2009, she began civilian employment in the federal public sector. She had been receiving an annual allowance under the Canadian Forces Superannuation Act (CFSA). Patterson challenged the refusal of the federal Pension Centre to apply the CFSA in a manner that would allow her to accumulate a maximum pension of 35 years. Raven, Cameron, Ballantyne & Yazbeck LLP acted for Patterson in the case.
Surewerx USA is a company incorporated in Illinois that provides professional tools, equipment, and safety products. Surewerx sued Dentec Safety Specialists for industrial design infringement and patent infringement. Norton Rose Fulbright LLP acted for Surewerx USA. Dentec was represented by Piasetzki Nenniger Kvas LLP.
Smart & Biggar represented Randy River in a lawsuit against Osler, Hoskin & Harcourt LLP. Randy River appealed to the federal court from the decision of the Registrar of Trademarks, which ordered Randy River’s trademark to be expunged because of failure to file the required evidence.
In other actions involving intellectual property rights, Norton Rose Fulbright acted for Graco Minnesota Inc. in a copyright infringement case against Cortex Industries, represented by Calvin Goldman Law. Lenczner Slaght LLP and DLA Piper LLP were the lawyers in a patent infringement case between Rovi Guides Inc. and Videotron Inc. Gowling LLP acted for Bayer Inc. in an action brought under the Patented Medicines (Notice of Compliance) Regulations against Sandoz Canada, represented by Blaney McMurtry LLP.
In the area of immigration, citizenship, and refugee law, the firms which appeared in court this week include Battista Smith Migration, Edelmann & Company, Korman & Korman LLP, Lewis & Associates, and Embarkation Law Corporation.
