Date: 19971110
Docket: A-672-97
CORAM: LINDEN J.A.
LÉTOURNEAU J.A.
McDONALD J.A.
BETWEEN:
PRESIDENT AND FELLOWS OF HARVARD COLLEGE
Appellant
- and -
COMMISSIONER OF PATENTS
Respondent
Heard at Ottawa, Ontario on Monday, November 10, 1997.
Judgment delivered from the Bench on Monday, November 10, 1997.
REASONS FOR JUDGMENT BY: LINDEN J.A.
Date: 19971110
Docket: A-672-97
CORAM: LINDEN J.A.
LÉTOURNEAU J.A.
McDONALD J.A.
BETWEEN:
PRESIDENT AND FELLOWS OF HARVARD COLLEGE
Appellant
- and -
COMMISSIONER OF PATENTS
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Ottawa, Ontari
on Monday, November 10, 1997).
LINDEN J.A.
[1] We are not persuaded that this Court should intervene with the exercise of discretion by the Motions Judge. Both parties agreed before this Court that it would not be appropriate to allow the intervenor to introduce expert or other evidence at the appeal of this matter. Similarly, the introduction of such evidence through the back door by way of scholarly material would not be appropriate, given the complexity and controversial nature of the issues. Further, the Motions Judge, using the correct test, decided that the legal issues could be properly addressed without the help of the intervenor and we are not convinced that this was in any way erroneous. The appeal will be dismissed without costs.
"A.M. Linden"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-672-97
APPEAL FROM THE ORDER OF THE TRIAL DIVISION OF THE FEDERAL COURT OF CANADA, DELIVERED SEPTEMBER 19, 1997 IN DOCKET: T-275-97
STYLE OF CAUSE: President and Fellows of Harvard College v. Commissioner of Patents
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: November 10, 1997
REASONS FOR JUDGMENT OF THE COURT: (Linden, Ldtourneau, McDonald JJ. A. )
DELIVERED FROM THE BENCH BY: Linden J. A.
APPEARANCES:
Mr. Paul Muldoon For the Appellant (CELA)
Mr. A. David Morrow For the Appellant (PFHC)
Ms. Janet Ozembloski For the Respondent
SOLICITORS OF RECORD:
Smart & Biggar For the Appellant (PFHC) Ottawa, Ontario
Canadian Environmental Law Association For the Appellant (CELA) Toronto, Ontario
Mr. George Thomson For the Respondent Deputy Attorney General of Canada
Ottawa, Ontario