Date: 19980623
Docket: A-623-97
CORAM: STONE J.A.
STRAYER J.A.
McDONALD J.A.
IN THE MATTER OF the Trade-marks Act (R.S., c. T-10)
- and -
IN THE MATTER OF Trade-mark Registration No. 468,995,
SLOPE BIN CONTAINER DISTINGUISHING GUISE DESIGN
BETWEEN:
WCC CONTAINER SALES LIMITED and WCC REFURB LIMITED
Appellants (Applicants)
- and -
HAUL-ALL EQUIPMENT LTD.
Respondent (Respondent)
Heard at Ottawa, Ontario, on Tuesday, June 23, 1998
Judgment delivered from the Bench at Ottawa, on Tuesday, June 23, 1998
REASONS FOR JUDGMENT OF THE COURT BY: STONE J.A.
Date: 19980623
Docket: A-623-97
CORAM: STONE J.A.
STRAYER J.A.
McDONALD J.A.
IN THE MATTER OF the Trade-marks Act (R.S., c. T-10)
- and -
IN THE MATTER OF Trade-mark Registration No. 468,995,
SLOPE BIN CONTAINER DISTINGUISHING GUISE DESIGN
BETWEEN:
WCC CONTAINER SALES LIMITED and WCC REFURB LIMITED
Appellants (Applicants)
- and -
HAUL-ALL EQUIPMENT LTD.
Respondent (Respondent)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, on Tuesday, June 23, 1998)
STONE J.A.
[1] In the present case the Motions Judge, Tremblay-Lamer J., found ambiguity in certain paragraphs of the Hamilton affidavit filed in support of the appellants' application under section 59 of the Trade-marks Act for expungement or amendment of the respondent's trade-mark. We have not been persuaded that the Motions Judge erred in principle in exercising her discretion to permit cross-examination on the disputed paragraphs in the particular circumstances of this case.
[2] The appeal will be dismissed with costs in the cause.
FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-623-97
APPEAL AGAINST A JUDGMENT OF THE TRIAL DIVISION DATED SEPTEMBER 15, 1997. TRIAL DIVISION FILE NO. T-1385-97
STYLE OF CAUSE: WCC Container Sales Limited et al. v. Haul-All Equipment Ltd. PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: June 23, 1998
REASONS FOR JUDGMENT OF THE COURT BY: (Stone, Strayer, McDonald, JJ.A.) DELIVERED FROM THE BENCH BY:: Stone, J. A.
APPEARANCES:
Mr. Scott R. Miller for the Appellants Mr. Philip Kerr
Mr. Bruce Morgan for the Respondent
SOLICITORS OF RECORD:
Marusyk Bourassa Miller & Swain
Ottawa, Ontario for the Appellants
Gowling, Strathy & Henderson
Ottawa, Ontario for the Respondent
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