Date: 20060113
Docket: T-95-03
Citation: 2006 FC 29
IN THE MATTER OF AN INFRINGEMENT BY
EDMONTONBLOCK PARENT ASSOCIATION
- and -
IN THE MATTER OF SECTION 53.2 OF THE
TRADE-MARKS ACT(R.S.C. 1985, C. T-13)
BETWEEN:
BLOCK PARENT PROGRAM OF CANADA INC.
Applicant
- and -
THE EDMONTONBLOCK PARENT ASSOCIATION
Respondent
AND BETWEEN:
THE EDMONTONBLOCK PARENT ASSOCIATION
Plaintiff by Counterclaim
- and -
BLOCK PARENT PROGRAM OF CANADA INC. and
THE ALBERTABLOCK PARENT ASSOCIATION
Defendants by Counterclaim
REASONS FOR ORDER AND ORDER
HUGESSEN J.
[1] To the extent that the plaintiff's Rule 369 motion seeks to strike out the Statement of Defence and Counterclaim, to which motion the defendant has not responded other than to seek a further delay (which is hereby refused), the motion is allowed and the said pleadings will be struck.
[2] To the extent that the said motion seeks other relief on the merits, the Court's case law under Rule 210 requires that evidence be produced to support a default judgment; the affidavit produced herein does not supply such evidence and the motion will be otherwise dismissed with leave to the plaintiff to move again if so advised.
ORDER
THIS COURT ORDERS that:
1. The statement of Defence and Counterclaim are struck.
2. The plaintiff has leave to move again for judgment on the merits if so advised.
"James K. Hugessen"
Ottawa, Ontario
Signed this 13th day of January 2006
FEDERAL COURT
NAME OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-95-03
STYLE OF CAUSE: BLOCK PARENT PROGRAM OF CANADA INC. v.
THE EDMONTON BLOCK PARENT ASSOCIATION
MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF PARTIES
REASONS FOR ORDER
AND ORDER : HUGESSEN J.
DATED: January 13, 2006
WRITTEN REPRESENTATIONS BY:
| DIANNA KYLES
|
FOR THE APPLICANT
(BLOCK PARENT PROGRAM)
|
|
|
|
SOLICITORS OF RECORD:
| DIANNA KYLES
Mc CARTHY TÉTRAULT
CALGARY ALBERTA
|
FOR THE APPLICANT
(BLOCK PARENT PROGRAM)
|
|
|
|
Email this Content