President and Fellows of Harvard College v. Canada (Commissioner of Patents), docket A-672-97

Date: 19971110

Docket: A-672-97

CORAM:      LINDEN J.A.

         LÉTOURNEAU J.A.

         McDONALD J.A.

BETWEEN:

     PRESIDENT AND FELLOWS OF HARVARD COLLEGE

     Appellant

     - and -

     COMMISSIONER OF PATENTS

     Respondent

Heard at Ottawa, Ontario on Monday, November 10, 1997.

Judgment delivered from the Bench on Monday, November 10, 1997.

REASONS FOR JUDGMENT BY:      LINDEN J.A.

Date: 19971110

Docket: A-672-97

CORAM:      LINDEN J.A.

         LÉTOURNEAU J.A.

         McDONALD J.A.

BETWEEN:

     PRESIDENT AND FELLOWS OF HARVARD COLLEGE

     Appellant

     - and -

     COMMISSIONER OF PATENTS

     Respondent

     REASONS FOR JUDGMENT

     (Delivered from the Bench at Ottawa, Ontari

     on Monday, November 10, 1997).

LINDEN J.A.

[1]      We are not persuaded that this Court should intervene with the exercise of discretion by the Motions Judge. Both parties agreed before this Court that it would not be appropriate to allow the intervenor to introduce expert or other evidence at the appeal of this matter. Similarly, the introduction of such evidence through the back door by way of scholarly material would not be appropriate, given the complexity and controversial nature of the issues. Further, the Motions Judge, using the correct test, decided that the legal issues could be properly addressed without the help of the intervenor and we are not convinced that this was in any way erroneous. The appeal will be dismissed without costs.

     "A.M. Linden"

                                                 J.A.