Date: 20110207
Docket: A-331-10
Citation: 2011 FCA 46
CORAM: NOËL
J.A.
EVANS
J.A.
SHARLOW
J.A.
BETWEEN:
TRACTOR SUPPLY CO. OF TEXAS, LP AND
TRACTOR SUPPLY COMPANY
Appellants
and
TSC STORES L.P.
Respondent
Heard at Toronto, Ontario, on February
7, 2011.
Judgment delivered from the
Bench at Toronto,
Ontario, on February
7, 2011.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL
J.A.
Date: 20110207
Docket: A-331-10
Citation: 2011 FCA 46
CORAM: NOËL
J.A.
EVANS
J.A.
SHARLOW
J.A.
BETWEEN:
TRACTOR SUPPLY CO. OF TEXAS, LP AND
TRACTOR SUPPLY COMPANY
Appellants
and
TSC STORES L.P.
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on February 7,
2011)
NOËL J.A.
[1]
This is an
appeal from an order of Mactavish J. of the Federal Court (the Motions Judge)
dismissing a motion to stay two opposition proceedings before the Trade-marks
Opposition Board (the Board) until the final disposition of a related action
presently pending before the Federal Court.
[2]
The
Motions Judge denied the stay for a number of reasons. After a lengthy
analysis, she concluded that the appellants had failed to satisfy her that it
would be in the interest of Justice to stay the proceedings before the Board
(Section 50 of the Federal Courts Act R.S., 1985, c. F-7). She came to
this conclusion on the basis of the test stated in White v. E.B.F.
Manufacturing Ltd., [2001] F.C.J. No. 1073 at para.5. She added that she
would have reached the same conclusion applying the three prong test set out in
RJR–MacDonald v. Canada (Attorney General), [1994] 1 S.C.R. 311.
[3]
No error
of principle is alleged and we are unable to detect a palpable and overriding
error nor has it been established that the Motions Judge reached her decision
on the basis of irrelevant factors or that she failed to have regard to
relevant factors.
[4]
The appeal
will be dismissed with costs.
“Marc Noël”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-331-10
(APPEAL
FROM THE ORDER OF THE HONOURABLE MADAM JUSTICE MACTAVISH OF THE FEDERAL COURT
DATED SEPTEMBER 8, 2010, DOCKET NO. T-1804-07 INTERLOCUTORY DOC. 92)
STYLE
OF CAUSE: TRACTOR SUPPLY CO. OF TEXAS, LP AND
TRACTOR SUPPLY COMPANY v. TSC
STORES
L.P.
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: February 7, 2011
REASONS FOR JUDGMENT OF
THE COURT BY: (NOËL, EVANS & SHARLOW JJ.A.)
DELIVERED FROM THE
BENCH BY: NOËL J.A.
APPEARANCES:
Clifford I. Cole
Kevin
Sartorio
|
FOR
THE APPELLANTS
|
Shawn D. Jacka
Mark
L. Robbins
|
FOR
THE RESPONDENT
|
SOLICITORS OF RECORD:
GOWLING LAFLEUR HENDERSON
LLP
Barristers
& Solicitors
Toronto,
Ontario
|
FOR
THE APPELLANTS
|
BERESKIN & PARR LLP
Barristers
and Solicitors
Toronto, Ontario
|
FOR
THE RESPONDENT
|