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28155

The Commissioner of Patents v. The President and Fellows of Harvard College

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2003-02-05 Record returned to the Registrar of the Court of Appeal
2002-12-12 Appeal closed
2002-12-06 Judgment on appeal and notice of deposit of judgment sent to all parties
2002-12-05 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal from the judgment of the Federal Court of Appeal, Number A-334-98, dated August 3, 2000, heard on May 21, 2002, is allowed, McLachlin C.J. and Major, Binnie and Arbour JJ. dissenting.
Allowed
2002-09-19 Correspondence received from, R. MacCallum dated Sept. 18/02 (by fax) re: enclosing an additional authority from the Federal Court of Appeal decision dated Sept. 4/02 (sent by fax to all parties - 10 copies rec'd Sept. 20/02) (sent to Bench Sept. 27/02) Sierra Club of Canada
2002-06-05 Transcript received, and distributed to the judges (112 pages)
2002-05-21 Judgment reserved OR rendered with reasons to follow
2002-05-21 Hearing of the appeal, 2002-05-21, (V039), CJ L'HD G Ia Ma Ba Bi Arb LeB
Judgment reserved
2002-05-21 Acknowledgement and consent for video taping of proceedings
2002-05-21 Appellant's condensed book, given in Court The Commissioner of Patents
2002-05-17 Respondent's condensed book The President and Fellows of Harvard College
2002-05-16 Correspondence received from, Paul R. Muldoon (by fax) dated May 13/02 re will not rely on article: Transgenic DNA... at tab 42 of the book of authorities. Canadian Environmental Law Association, Greenpeace Canada, Canadian Association of Physicians for the Environment, Action Group on Erosion, Technology and Concentration and the Canadian Institute for Environmental Law and Policy
2002-05-14 Notice of appearance, of A. David Morrow et al at the hearing of the appeal The President and Fellows of Harvard College
2002-05-14 Respondent's book of authorities, (Supplementary as per decision of May 10/02), Completed on: 2002-05-14 The President and Fellows of Harvard College
2002-05-14 Reply factum on appeal, (See decision of May 10/02), Completed on: 2002-05-14 The President and Fellows of Harvard College
2002-05-14 Notice of appearance, (fax copies) The Commissioner of Patents
2002-05-10 Order on motion to file a reply factum on appeal, (by Iacobucci J.)
2002-05-10 Decision on the motion to file a reply factum on appeal, Ia, by the respondent:

1. The application for leave to file a supplementary factum of 22 pages in response to the submissions made in the facta filed by the four groups of public interest interveners is granted;

2. The application for leave to file a supplementary book of authorities, containing only those additional authorities or excerpts of authorities not contained in the books of authorities already filed by the appellant, respondent and interveners is granted.

3. The application for an additional 30 minutes of time to make oral argument is dismissed.
Granted
2002-05-10 Submission of motion to file a reply factum on appeal, Ia
2002-05-01 Reply to motion to file a reply factum on appeal, (Letter Form), from C. Ingram dated May 1, 2002 (fax copy) re: will not be filing a reply, Completed on: 2002-05-01 The President and Fellows of Harvard College
2002-04-26 Response to motion to file a reply factum on appeal, (Letter Form), letter (by fax) from Graham Garton dated April 26/02 (joint with response to motion for additional argument), Completed on: 2002-04-26 The Commissioner of Patents
2002-04-24 Response to motion to file a reply factum on appeal, (Letter Form), letter (by fax) from Theresa McClenaghan dated April 23/02, Completed on: 2002-04-24 Canadian Environmental Law Association, Greenpeace Canada, Canadian Association of Physicians for the Environment, Action Group on Erosion, Technology and Concentration and the Canadian Institute for Environmental Law and Policy
2002-04-18 Motion to file a reply factum on appeal, of 22 pages and book of Authorities (joint with a motion to make additional 30 minutes of oral submission)(bookform), Completed on: 2002-04-18 The President and Fellows of Harvard College
2002-04-02 Order on motion for leave to intervene, Canadian Council of Churches, et al and Canadian Environmental Law Ass. et al-15 minutes; Sierra Club of Canada, Animal Alliance of Canada, International Fund for Animal Welfare Inc. and Zoocheck Canada Inc are not granted permission for oral argument
2002-03-21 Book of authorities, Completed on: 2002-03-21 Canadian Environmental Law Association, Greenpeace Canada, Canadian Association of Physicians for the Environment, Action Group on Erosion, Technology and Concentration and the Canadian Institute for Environmental Law and Policy
2002-03-19 Book of authorities, Completed on: 2002-03-19 Sierra Club of Canada
2002-03-19 Intervener's factum, Completed on: 2002-03-19 Sierra Club of Canada
2002-03-19 Intervener's factum, Completed on: 2002-03-19 Canadian Environmental Law Association, Greenpeace Canada, Canadian Association of Physicians for the Environment, Action Group on Erosion, Technology and Concentration and the Canadian Institute for Environmental Law and Policy
2002-03-19 Book of authorities, Completed on: 2002-03-19 Animal Alliance of Canada, International Fund for Animal Welfare Inc. and Zoocheck Canada Inc.
2002-03-19 Intervener's factum, Completed on: 2002-03-19 Animal Alliance of Canada, International Fund for Animal Welfare Inc. and Zoocheck Canada Inc.
2002-03-18 Book of authorities, Completed on: 2002-03-18 The Canadian Council of Churches and the Evangelical Fellowship of Canada
2002-03-18 Intervener's factum, Completed on: 2002-03-18 The Canadian Council of Churches and the Evangelical Fellowship of Canada
2002-03-08 Appeal hearing scheduled, 2002-05-21
Judgment reserved
2002-03-06 Notice of hearing The Commissioner of Patents
2002-02-19 Respondent's book of authorities, Completed on: 2002-02-19 The President and Fellows of Harvard College
2002-02-19 Respondent's factum, (see decision of Feb. 5/02), Completed on: 2002-02-19 The President and Fellows of Harvard College
2002-02-05 Order on motion to extend time
2002-02-05 Decision on motion to extend time, Reg, to serve and file the respondent's factum, record and book of authorities to Feb. 19, 2002.
Granted, no order as to costs
2002-02-05 Submission of motion to extend time, Reg
2002-02-05 Appeal perfected for hearing, Session beginning on 2002-04-15
2002-01-31 Response to motion to extend time, Completed on: 2002-01-31 The Commissioner of Patents
2002-01-31 Motion to extend time, to file the factum, record and authorities to Feb. 19, 2002 - book form, Completed on: 2002-01-31 The President and Fellows of Harvard College
2001-12-11 Appellant's factum, Completed on: 2001-12-11 The Commissioner of Patents
2001-12-11 Appellant's book of authorities, Completed on: 2001-12-11 The Commissioner of Patents
2001-12-11 Appellant's record, Completed on: 2001-12-11 The Commissioner of Patents
2001-12-03 Order on motion for leave to intervene, (by the Court)
2001-12-03 Decision on the motion for leave to intervene, Arb, and extension of time by the ANIMAL ALLIANCE OF CANADA, INTERNATIONAL FUND FOR ANIMAL WELFARE INC. and ZOOCHECK CANADA INC.. The applicants may serve and file a joint factum not exceeding 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions. The request by the respondent for permission to file an additional factum and for additional time for oral argument is dismissed, without prejudice to the respondent applying after receipt of the interveners factums.
Granted, no order as to costs
2001-12-03 Submission of motion for leave to intervene, Arb
2001-11-27 Reply to the motion for leave to intervene, (5 copies), Completed on: 2001-11-27 Animal Alliance of Canada, International Fund for Animal Welfare Inc. and Zoocheck Canada Inc.
2001-11-13 Response to the motion for leave to intervene, Completed on: 2001-11-13 The President and Fellows of Harvard College
2001-11-06 Book of authorities, re: intervention, Completed on: 2001-11-06 Animal Alliance of Canada, International Fund for Animal Welfare Inc. and Zoocheck Canada Inc.
2001-11-06 Motion for leave to intervene, (joint with extension of time, lenghty memorandum) - book form, Completed on: 2001-11-06 Animal Alliance of Canada, International Fund for Animal Welfare Inc. and Zoocheck Canada Inc.
2001-10-25 Order on motion for leave to intervene, (by the Court)
2001-10-25 Decision on the motion for leave to intervene, Arb, by the SIERRA CLUB OF CANADA. The factum is not to exceed 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions. The request by the respondent for permission to file additional factums and for additional time for oral argument is dismissed, without prejudice to the respondent applying after receipt of the interveners factums.
Granted, no order as to costs
2001-10-25 Decision on the motion for leave to intervene, Arb, by the CANADIAN ENVIRONMENTAL LAW ASSOCATION, GREENPEACE CANADA, CANADIAN ASSOCIATION OF PHYSICIANS FOR THE ENVIRONMENT, ACTION GROUP ON EROSION, TECHNOLOGY AND CONCENTRATION and the CANADIAN INSTITUTE FOR ENVIRONMENTAL LAW AND POLICY. The applicants shall be entitled to file a joint factum not exceeding 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions. The request by the respondent for permission to file additional factums and for additional time for oral argument is dismissed, without prejudice to the respondent applying after receipt of the interveners factums.
Granted, no order as to costs
2001-10-25 Decision on the motion for leave to intervene, Arb, by THE CANADIAN COUNCIL OF CHURCHES and THE EVANGELICAL FELLOWSHIP OF CANADA. The applicants shall be entitled to file a joint factum not exceeding 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions. The request by the respondent for permission to file additional factums and for additional time for oral argument is dismissed, without prejudice to the respondent applying after receipt of the interveners factums.
Granted, no order as to costs
2001-10-25 Submission of motion for leave to intervene, Arb
2001-10-23 Reply to the motion for leave to intervene, 6 copies, Completed on: 2001-10-23 Canadian Environmental Law Association, Greenpeace Canada, Canadian Association of Physicians for the Environment, Action Group on Erosion, Technology and Concentration and the Canadian Institute for Environmental Law and Policy
2001-10-23 Reply to the motion for leave to intervene, 6 copies, Completed on: 2001-10-23 Sierra Club of Canada
2001-10-18 Response to the motion for leave to intervene, (Letter Form), from F. Woyiwada dated Oct. 18, 2001 (fax copy) re: does not oppose to the interventions by Sierra Club and Can. Env. Law Ass., et al (original received Oct. 19, 2001), Completed on: 2001-10-18 The Commissioner of Patents
2001-10-17 Response to the motion for leave to intervene, book form re: Sierra's intervention, Completed on: 2001-10-17 The President and Fellows of Harvard College
2001-10-17 Response to the motion for leave to intervene, book form re: Canadian Environmental's intervention, Completed on: 2001-10-17 The President and Fellows of Harvard College
2001-10-16 Letter advising parties of the provisions of section 695(2) of the Criminal Code
2001-10-16 Letter acknowledging receipt of a complete application for leave to appeal
2001-10-15 Book of authorities, 1 copy re: in support of motion to intervene, Completed on: 2001-10-15 Canadian Environmental Law Association, Greenpeace Canada, Canadian Association of Physicians for the Environment, Action Group on Erosion, Technology and Concentration and the Canadian Institute for Environmental Law and Policy
2001-10-09 Motion for leave to intervene, (book form), Completed on: 2001-10-10 Sierra Club of Canada
2001-10-09 Motion for leave to intervene, 6 copies - book form, Completed on: 2001-10-09 Canadian Environmental Law Association, Greenpeace Canada, Canadian Association of Physicians for the Environment, Action Group on Erosion, Technology and Concentration and the Canadian Institute for Environmental Law and Policy
2001-09-26 Reply to the motion for leave to intervene, 4 copies, Completed on: 2001-09-26 The Canadian Council of Churches and the Evangelical Fellowship of Canada
2001-09-21 Response to the motion for leave to intervene, (Letter Form), Completed on: 2001-09-21 The Commissioner of Patents
2001-09-21 Response to the motion for leave to intervene, (book form), Completed on: 2001-09-21 The President and Fellows of Harvard College
2001-09-13 Motion for leave to intervene, (book form), Completed on: 2001-09-13 The Canadian Council of Churches and the Evangelical Fellowship of Canada
2001-08-28 Appeal court record, (1 box)
2001-08-14 Letter acknowledging receipt of notice of appeal
2001-08-10 Notice of appeal, Completed on: 2001-08-10 The Commissioner of Patents
2001-06-15 Notice of deposit of judgment issued to all parties
2001-06-14 Judgment of the Court on the application for leave to appeal
Granted, no order as to costs
2001-04-09 All materials on application for leave submitted to the Judges, CJ Ia Ba
2000-11-13 Letter acknowledging receipt of a complete application for leave to appeal
2000-11-08 Applicant's reply to respondent's argument, Completed on: 2000-11-08 The Commissioner of Patents
2000-11-01 Respondent's response on the application for leave to appeal, Completed on: 2000-11-01 The President and Fellows of Harvard College
2000-10-02 Application for leave to appeal, Completed on: 2000-10-02 The Commissioner of Patents

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
The Commissioner of Patents Appellant Active

v.

Main parties - Respondents
Name Role Status
The President and Fellows of Harvard College Respondent Active

Other parties

Other parties
Name Role Status
The Canadian Council of Churches and the Evangelical Fellowship of Canada Intervener Active
Canadian Environmental Law Association, Greenpeace Canada, Canadian Association of Physicians for the Environment, Action Group on Erosion, Technology and Concentration and the Canadian Institute for Environmental Law and Policy Intervener Active
Sierra Club of Canada Intervener Active
Animal Alliance of Canada, International Fund for Animal Welfare Inc. and Zoocheck Canada Inc. Intervener Active

Counsel

Party: The Commissioner of Patents

Counsel
Names
Graham R. Garton, Q.C.
F. B. Woyiwada
Contact information
Attorney General of Canada
234 Wellington Street
East Tower, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca

Party: The President and Fellows of Harvard College

Counsel
Names
A. David Morrow
Steven B. Garland
Colin B. Ingram
Contact information
Smart & Biggar
P. O. Box 2999, Station D
900 - 55 Metcalfe Street
Ottawa, Ontario
K1P 5Y6
Telephone: (613) 232-2486
FAX: (613) 232-8440
Email: admorrow@smart-biggar.ca

Party: The Canadian Council of Churches and the Evangelical Fellowship of Canada

Counsel
Name
W. J. Sammon
Contact information
Barnes, Sammon
200 Elgin Street
Suite 400
Ottawa, Ontario
K2P 1L5
Telephone: (613) 594-8000
FAX: (613) 235-7578

Party: Canadian Environmental Law Association, Greenpeace Canada, Canadian Association of Physicians for the Environment, Action Group on Erosion, Technology and Concentration and the Canadian Institute for Environmental Law and Policy

Counsel
Names
Michelle Swenarchuk
Paul Muldoon
Theresa McClenaghan
Contact information
Canadian Environmental Law Association
517 Colllege Street, Suite 401
Toronto, Ontario
M6G 4A2
Telephone: (416) 960-2284
FAX: (416) 960-9392
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Sierra Club of Canada

Counsel
Names
Jerry V. DeMarco
Raymond L. MacCallum
Contact information
Sierra Legal Defence Fund
900 - 30 St.Patrick St.
Toronto, Ontario
M5T 3A3
Telephone: (416) 368-7533
FAX: (416) 363-2746
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Animal Alliance of Canada, International Fund for Animal Welfare Inc. and Zoocheck Canada Inc.

Counsel
Names
Clayton C. Ruby
Lesli Bisgould
Contact information
Ruby & Edwardh
11 Prince Arthur Ave
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: ruby@Ruby-edwardh.com
Agent
Name
Leonard M. Shore, Q.C.
Contact information
Shore, Davis
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

April 21, 1998
Federal Court of Canada, Trial Division

T-275-96

Appeal dismissed from a decision rendered by the Commissioner of Patents refusing to grant a patent
August 3, 2000
Federal Court of Appeal

A-334-98

Decisions of the trial judge and the Commissioner of Patents quashed; matter remitted to the Commission with the direction to grant a patent covering claims 1 to 12 of the patent application

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

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Date modified: 2025-05-13