Intellectual Property Weekly Abstracts Alert - Week Of October 3, 2011

Edited by Chantal Saunders and Beverley Moore

ACTIONS

Motion to Hear Two Appeals One after the Other Granted

Dywidag Systems International, Canada, Ltd. v. Garford Pty Ltd.

The Court of Appeal was considering a motion seeking, inter alia, that one appeal be heard immediately after the hearing of a second appeal. The Court of Appeal held that the criteria taken into account to consolidate proceedings pursuant to Rule 105 of the Federal Courts Rules are not the same as those taken into account to hear proceedings together or one immediately after another. The Court of Appeal concluded that it was logical and efficient that the two appeals be heard by the same panel and one after the other in light of the possible impact that one decision may have on the other. Leave to amend the Notice of Appeal in one of the appeals was also granted.