Intellectual Property Weekly Abstracts Alert - Week Of April 2, 2012

Edited by Chantal Saunders and Beverley Moore

OTHER CASES OF INTEREST

Security for Costs Order Upheld

Fraser v. Janes Family Foods Ltd.

The Prothonotary ordered that security for costs be paid into Court. The Federal Court upheld that decision, with the Plaintiffs arguing they were impecunious. A copy of the Federal Court decision can be found here. A copy of our summary can be found here. The Plaintiffs appealed to the Federal Court of Appeal (FCA), arguing, inter alia, that the rule (s. 416(a)) providing that security for costs may be granted if the plaintiff is resident outside Canada is contrary to the North American Free Trade Agreement (NAFTA) and the Agreement on Trade-Related aspects of Intellectual Property Rights (TRIPS).