Court headnote

Barton No-Till Disk Inc. v. Dutch Industries Ltd. Court (s) Database Federal Court of Appeal Decisions Date 2002-01-16 Neutral citation 2002 FCA 17 File numbers A-573-01 Decision Content Date: 20020116 Docket: A-573-01 Neutral citation: 2002FCA17 Present: SHARLOW J.A. BETWEEN: BARTON NO-TILL DISK INC. and FLEXI-COIL LTD. Appellants and DUTCH INDUSTRIES LTD. and THE COMMISSIONER OF PATENTS Respondents Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, January 16, 2002 REASONS FOR ORDER BY: SHARLOW J.A. Date: 20020116 Docket: A-573-01 Neutral citation: 2002FCA17 Present: SHARLOW J.A. BETWEEN: BARTON NO-TILL DISK INC. and FLEXI-COIL LTD. Appellants and DUTCH INDUSTRIES LTD. and THE COMMISSIONER OF PATENTS Respondents REASONS FOR ORDER SHARLOW J.A. [1] On January 15, 2001 Malone J.A. made an order setting time limits for the filing of an amended notice of appeal. That automatically extended the time limits for subsequent steps that must be taken under the Federal Court Rules, 1998 to prepare the case for hearing. Rule 343(1), for example, must be read as requiring the agreement as to the contents of the appeal book to be filed within 30 days after the filing of the amended notice of appeal. [2] The appellants submitted the agreement for filing within the stipulated time and it should have been accepted for filing. [3] The agreement is to be accepted for filing as of this date. It should be noted that this will automatically extend the time li…

Barton No-Till Disk Inc. v. Dutch Industries Ltd.
Court (s) Database
Federal Court of Appeal Decisions
Date
2002-01-16
Neutral citation
2002 FCA 17
File numbers
A-573-01
Decision Content
Date: 20020116
Docket: A-573-01
Neutral citation: 2002FCA17
Present: SHARLOW J.A.
BETWEEN:
BARTON NO-TILL DISK INC. and FLEXI-COIL LTD.
Appellants
and
DUTCH INDUSTRIES LTD. and
THE COMMISSIONER OF PATENTS
Respondents
Dealt with in writing without appearance of parties.
Order delivered at Ottawa, Ontario, January 16, 2002
REASONS FOR ORDER BY: SHARLOW J.A.
Date: 20020116
Docket: A-573-01
Neutral citation: 2002FCA17
Present: SHARLOW J.A.
BETWEEN:
BARTON NO-TILL DISK INC. and FLEXI-COIL LTD.
Appellants
and
DUTCH INDUSTRIES LTD. and
THE COMMISSIONER OF PATENTS
Respondents
REASONS FOR ORDER
SHARLOW J.A.
[1] On January 15, 2001 Malone J.A. made an order setting time limits for the filing of an amended notice of appeal. That automatically extended the time limits for subsequent steps that must be taken under the Federal Court Rules, 1998 to prepare the case for hearing. Rule 343(1), for example, must be read as requiring the agreement as to the contents of the appeal book to be filed within 30 days after the filing of the amended notice of appeal.
[2] The appellants submitted the agreement for filing within the stipulated time and it should have been accepted for filing.
[3] The agreement is to be accepted for filing as of this date. It should be noted that this will automatically extend the time limit for serving and filing the appeal book.
"K. Sharlow"
J.A.
FEDERAL COURT OF CANADA APPEAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
APPEAL FROM A DECISION OF THE TRIAL DIVISION OF THE FEDERAL COURT OF CANADA, DELIVERED MARCH 29, 2000, IN FILE NO.: T-967-00.
COURT FILE NO.: A-573-01
STYLE OF CAUSE: BARTON NO-TILL DISK INC. and FLEXI-COIL LTD. v. DUTCH INDUSTRIES LTD., AND THE COMMISSIONER OF PATENTS
PLACE OF HEARING: OTTAWA, ONTARIO
DATE OF HEARING: JANUARY 16, 2002 (pursuant to rule 369)
REASONS FOR ORDER BY: Sharlow, J.A.
SOLICITORS OF RECORD:
Mr. Marcus T. Gallie Ms. Margaret H. McKay Ridout & Maybee
Ottawa, Ontario FOR THE APPELLANT
Mr. Robert A. Kallio Mr. Cory J. Furman Furman & Kallio
Saskatoon, Saskatchewan FOR RESPONDENT