Groupe Procycle Inc. and Chrysler LLC, docket T-333-09

Date: 20090515

Docket: T-333-09

Ottawa, Ontario, May 15, 2009

PRESENT:     The Honourable Mr. Justice Shore

Application under section 56 of the Trade-marks Act, R.S.C. 1995, c. 18.

BETWEEN:

GROUPE PROCYCLE INC.

Applicant

and

CHRYSLER LLC

Respondent

ORDER

            UPON request in writing on behalf of the Respondent, dated May 8, 2009, pursuant to Rule 55 of the Federal Courts Rules, SOR/98/06, to dispense with the requirements for a formal motion, as consented to by the Parties, and that the Court issue an Order staying the above-noted proceeding pursuant to section 50(1)(b) of the Federal Courts Act, R.S., 1985, c. F-7, until such time as the above-noted Order issued in the United States Bankruptcy Court in the Southern District of New York In re: Chrysler LLC, et al (09-50002) is lifted, provided that such stay shall not exceed an initial maximum period of six months, without prejudice to the Respondent’s right to request a renewal of the stay, should the circumstances justify subsequent renewal;

            AND UPON a telephone conference being held;

            AND UPON reviewing the correspondence filed and being satisfied that a stay would be appropriate in the circumstances;

            THIS COURT ORDERS that

1.      This proceeding is stayed until such time as the above-noted Order issued in the United States Bankruptcy Court in the Southern District of New York In re: Chrysler LLC, et al (09-50002) is lifted.

2.      This stay shall not exceed an initial maximum period of six months, which may be renewed by the Respondent should the circumstances justify subsequent renewal.

3.      There shall be no costs of this motion.

“Michel M.J. Shore”