Date: 20041130
Docket: A-136-04
Citation: 2004 FCA 404
CORAM: ROTHSTEIN J.A.
NOËL J.A.
MALONE J.A.
BETWEEN:
OAKLEY, INC. and
OAKLEY CANADA INC.
Appellants
and
SHOPPERS DRUG MART INC.
Respondent
Heard at Toronto, Ontario, on November 30th, 2004.
Judgment delivered from the Bench at Toronto, Ontario, on November 30th, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: MALONE J.A.
Date: 20041130
Docket: A-136-04
Citation: 2004 FCA 404
CORAM: ROTHSTEIN J.A.
NOËL J.A.
MALONE J.A.
BETWEEN:
OAKLEY, INC. and
OAKLEY CANADA INC.
Appellants
and
SHOPPERS DRUG MART INC.
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on November 30th, 2004)
MALONE J.A.
[1] The appellant has failed to identify any grounds upon which this Court could interfere with the exercise of discretion by O'Keefe J. in refusing to grant summary judgment and to refer the matter for trial.
[2] The respondent should have its costs on appeal.
[3] As the matter of costs before O'Keefe J. is the subject of a motion for reconsideration which remains under reserve, we decline to make any order in that regard.
"B. Malone"
J.A.
FEDERAL COURT of APPEAL
Names of Counsel and Solicitors of Record
DOCKET: A-136-04
STYLE OF CAUSE: OAKLEY INC and OAKLEY CANADA INC
Appellants
and
SHOPPERS DRUG MART INC.
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: NOVEMBER 30, 2004
REASONS FOR JUDGMENT
OF THE COURT: (ROTHSTEIN J.A., NOËL J.A., & MALONE J.A.)
DELIVERED FROM THE
BENCH BY: MALONE J.A.
APPEARANCES BY:
Mr. Kenneth McKay
FOR THE APPELLANTS
Mr. Steven Garland
Mr. Kevin Graham FOR THE RESPONDENT
SOLICITORS OF RECORD:
Sim, Hughes, Ashton, McKay
Toronto, Ontario FOR THE APPELLANTS
Smart & Biggar
Ottawa, Ontario FOR THE RESPONDENT
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