Seismotech IP Holdings Inc. v. Rona Inc.

Seismotech IP Holdings Inc. v. Rona Inc.
Court (s) Database
Federal Court of Appeal Decisions
Date
2024-09-09
Neutral citation
2024 FCA 141
File numbers
A-84-24
Decision Content
Date: 20240909
Docket: A-84-24
Citation: 2024 FCA 141
CORAM:
MACTAVISH J.A.
LEBLANC J.A.
DAWSON D.J.C.A.
BETWEEN:
SEISMOTECH IP HOLDINGS INC. and SEISMOTECH SAFETY SYSTEMS INC.
Appellants
and
RONA INC. and HOME DEPOT OF CANADA INC., as proposed representative defendants for the class of defendants in the underlying actions
Respondents
Heard at Vancouver, British Columbia, on September 9, 2024.
Judgment delivered from the Bench at Vancouver, British Columbia, on September 9, 2024.
REASONS FOR JUDGMENT OF THE COURT BY:
MACTAVISH J.A.
Date: 20240909
Docket: A-84-24
Citation: 2024 FCA 141
CORAM:
MACTAVISH J.A.
LEBLANC J.A.
DAWSON D.J.C.A.
BETWEEN:
SEISMOTECH IP HOLDINGS INC. and SEISMOTECH SAFETY SYSTEMS INC.
Appellants
and
RONA INC. and HOME DEPOT OF CANADA INC., as proposed representative defendants for the class of defendants in the underlying actions
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia, on September 9, 2024).
MACTAVISH J.A.
[1] We understand counsel for the appellants to concede that this appeal has become moot as a result of Seismotech having discontinued these proceedings (T-1146-23 and T-1149-23) against Rona Inc. and Home Depot of Canada Inc. in their capacity as representative defendants.
[2] The appellants have not persuaded us that we should exercise our discretion to hear this appeal notwithstanding that it is now moot. This is especially so given that there is no respondent before the Court to argue the merits of the appeal. We are also not persuaded that the sequencing issue is otherwise elusive of review.
[3] Consequently, the appeal is dismissed.
“Anne L. Mactavish”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
A-84-24
STYLE OF CAUSE:
SEISMOTECH HOLDINGS INC. and SEISMOTECH SAFETY SYSTEMS INC. v. RONA INC. and HOME DEPOT OF CANADA INC., as proposed representative defendants for the class of defendants in the underlying actions
PLACE OF HEARING:
Vancouver, British Columbia
DATE OF HEARING:
September 9, 2024
REASONS FOR JUDGMENT OF THE COURT BY:
MACTAVISH J.A. LEBLANC J.A. DAWSON D.J.C.A.
DELIVERED FROM THE BENCH BY:
MACTAVISH J.A.
APPEARANCES:
Simon Lin
For The Appellants
SOLICITORS OF RECORD:
EvoLink Law Group Burnaby, British Columbia
For The Appellants