FEDERAL COURT JURISDICTION |
Trial Division |
R.L.P. Machine & Steel Fabrication Inc. v. DiTullio
T-961-99
2001 FCT 245, Heneghan J.
27/3/01
14 pp.
Application for declaration assignment of patent null, void --Application dismissed--Although statutory grant of jurisdiction found in Federal Court Act, s. 20 and Patent Act "law of Canada" upon which case based, applicant not showing existing body of federal law essential to disposition of case: ITO--International Terminal Operators Ltd. v. Miida Electronics et al., [1986] 1 S.C.R. 752--Applicant referring to series of contracts in support of claim owner of patent--Court must interpret those contracts to determine if applicant acquired ownership--Court having no inherent jurisdiction to adjudicate upon private contracts not otherwise within its jurisdiction--Interpretation of various contracts requiring interpretation, application of provincial law, including Ontario's Personal Property Security Act--Court without jurisdiction to interpret, apply provincial law--Argument Court having jurisdiction to determine priorities between competing claims to patent designed to distract attention from primary issue i.e. ownership of patent--Federal Court Act, R.S.C., 1985, c. F-7, s. 20 (as am. by S.C. 1990, c. 37, s. 34)--Patent Act, R.S.C., 1985, c. P-4--Personal Property Security Act, R.S.O. 1990, c. P-10--Constitution Act, 1867, 30 & 31 Vict., c. 3 (U.K.) (as am. by Canada Act 1982, 1982, c. 11 (U.K.), Schedule to the Constitution Act, 1982, Item 1) [R.S.C., 1985, Appendix II, No. 5].