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ARTICLE · 24 JUNE 2011

Intellectual Property Weekly Abstracts Alert - Week of June 20, 2011

Borden Ladner Gervais LLP
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The Prothonotary struck all allegations in a Second Further Amended Statement of Claim against two Defendants without leave to amend.

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Edited by Chantal Saunders and Beverley Moore

Dismissal of Action Against Various Defendants Upheld on Appeal
Heli Tech Services (Canada) Ltd. et al. v. Weyerhaeuser Company Limited et al.

The Prothonotary struck all allegations in a Second Further Amended Statement of Claim against two Defendants without leave to amend. The action was dismissed against these Defendants. After reviewing the issues de novo, a motions Judge of the Federal Court upheld the decision, and on appeal, the Court of Appeal dismissed the appeal.

The Court of Appeal held that it was unable to find any error of law, or any other error, in the finding of the motions Judge that the pleading was fatally deficient. The remaining issue on appeal was whether leave to amend should have been granted. The Court of Appeal wrote that it is appropriate for the motions Judge to consider all relevant circumstances in determining whether to grant leave to amend deficient pleadings. After

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