Date: 20040127
Docket: A-312-03
Citation: 2004 FCA 48
CORAM: ROTHSTEIN J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
UNIVERSAL FOODS INC.
Appellant/Plaintiff
and
HERMES FOOD IMPORTERS LTD., MASOUD
MOTAMEDI, TOUS ENTERPRISES LTD., H & R IMPORT-
EXPORT INC., HAMIDEH RAFATI, FEREYDON EBADIAN,
SUPER ARZON INC., SUPER ARZON LTD., SUPER KHORAK INC.
o/a THE MARKET SUPER KHORAK, ASY'S MARKET INC.,
JOHN DOE and JANE DOE
Respondents/Defendants
Heard at Vancouver, British Columbia on January 27, 2004.
Judgment delivered from the Bench at Vancouver, British Columbia on January 27, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A.
Date: 20040127
Docket: A-312-03
Citation: 2004 FCA 48
CORAM: ROTHSTEIN J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
UNIVERSAL FOODS INC.
Appellant/Plaintiff
and
HERMES FOOD IMPORTERS LTD., MASOUD
MOTAMEDI, TOUS ENTERPRISES LTD., H & R IMPORT-
EXPORT INC., HAMIDEH RAFATI, FEREYDON EBADIAN,
SUPER ARZON INC., SUPER ARZON LTD., SUPER KHORAK INC.
o/a THE MARKET SUPER KHORAK, ASY'S MARKET INC.,
JOHN DOE and JANE DOE
Respondents/Defendants
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia on January 27, 2004)
ROTHSTEIN J.A.
[1] In spite of counsel's argument we have not been persuaded that this Court should interfere with the award of damages and costs made by Campbell J. Although the evidence might be considered weak, there was some evidence supporting the award of damages and no palpable and overriding error has been demonstrated. Nor is the award of costs outside the appropriate exercise of judicial discretion in the circumstances of this case.
[2] The appeal will be dismissed with costs to Tous Enterprises Ltd. of $5,000, inclusive of fees, disbursements and G.S.T.
(Sgd.) "Marshall E. Rothstein"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-312-03
Appeal from the Order of The Honourable Mr. Justice Campbell dated June 20, 2003 finding the Plaintiff pay to the Defendant Tous Enterprises Ltd. the sum of $8,500.00 in damages and the sum of $26,865.35 in costs payable within 60 days from the date of the Order.
STYLE OF CAUSE: Universal Foods Inc. v Hermes Foods Importers Ltd. Et Al.
PLACE OF HEARING: Vancouver
DATE OF HEARING: January 27, 2004
REASONS FOR JUDGMENT OF THE COURT: Rothstein, JA Sharlow, JA Malone JA
DELIVERED FROM THE BENCH BY: Rothstein, JA
APPEARANCES:
|
Colin Brown
Thomas McPherson & Associates
|
FOR THE APPELLANT
|
|
Paul Smith
Paul Smith Intellectual Property Law
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Thomas McPherson & Associates
Aurora, Ontario
|
FOR THE APPELLANT
|
|
Paul Smith Intellectual Property Law
|
FOR THE RESPONDENT
|
Vancouver, British Columbia
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