Docket

29956

Kirkbi AG, et al. v. Ritvik Holdings Inc./Gestions Ritvik Inc. (now operating as Mega Bloks Inc.)

(Federal) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2006-01-10 Record returned to the Registrar of the Court of Appeal
2005-11-29 Appeal closed
2005-11-18 Formal judgment sent to the registrar of the court of appeal and all parties
2005-11-18 Judgment on appeal and notice of deposit of judgment sent to all parties
2005-11-17 Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Federal Court of Appeal, Number A-395-02, 2003 FCA 297, dated July 14, 2003, heard on March 16, 2005, is dismissed with costs.
Dismissed, with costs
2005-04-05 Transcript received, 64 pages
2005-03-16 Judgment reserved OR rendered with reasons to follow
2005-03-16 Respondent's condensed book, Submitted in Court (14 copies) Ritvik Holdings Inc./Gestions Ritvik Inc. (now operating as Mega Bloks Inc.)
2005-03-16 Appellant's condensed book, Submitted in Court (14 copies) Kirkbi AG
2005-03-16 Acknowledgement and consent for video taping of proceedings, From all parties
2005-03-16 Hearing of the appeal, 2005-03-16, CJ Ma Ba Bi LeB De F Abe Cha
Judgment reserved
2005-03-08 Correspondence received from, P. Southey dated March 8, 2005 (fax copy) re: appearance at the hearing and seek directions as to the order of oral argument Attorney General of Canada
2005-03-07 Notice of appearance, Alain Gingras will be appearing at the hearing. Attorney General of Quebec
2005-03-03 Notice of appearance, Ronald Dimock, Bruce Ryder, Bruce Stratton and Henry Lue will be present at the hearing. Ritvik Holdings Inc./Gestions Ritvik Inc. (now operating as Mega Bloks Inc.)
2005-03-02 Notice of appearance, Robert H.C. MacFarlane, Peter W. Hogg, Q.C., Christine Pallotta and Catherine Beagan Flood will be present in the hearing. Revised recvd Mar 3/05 adding Michael E. Charles. Kirkbi AG
2005-02-24 Order on motion for leave to intervene, (BY MAJOR J.)
2005-02-24 Decision on the motion for leave to intervene, Ma, The motion for an extension of time to apply for leave to intervene and for leave to intervene of the applicant, John Alexander Kimio ("Sandy") Vingoe, is dismissed with costs to the respondent.
Dismissed, with costs
2005-02-23 Submission of motion for leave to intervene, Ma
2005-02-21 Order on motion for additional time to present oral argument
2005-02-21 Decision on motion for additional time to present oral argument, LeB, The motion is dismissed.
The nature of the constitutional questions raised in our Court does not justify granting additional time for oral argument.
Dismissed
2005-02-18 Submission of motion for additional time to present oral argument, LeB
2005-02-18 Reply to the motion for leave to intervene, (bookform), Completed on: 2005-02-18 John Alexander Kimio (''Sandy") Vingoe
2005-02-17 Response to the motion for additional time to present oral argument, (Letter Form), from Ronald E. Dimock dated Feb. 16/05, Completed on: 2005-02-17 Ritvik Holdings Inc./Gestions Ritvik Inc. (now operating as Mega Bloks Inc.)
2005-02-14 Response to the motion for leave to intervene, (bookform), Completed on: 2005-02-14 Ritvik Holdings Inc./Gestions Ritvik Inc. (now operating as Mega Bloks Inc.)
2005-02-11 Motion for additional time to present oral argument, (for an extra 15 min.)(bookform), Completed on: 2005-02-11 Kirkbi AG
2005-02-07 Response to the motion for leave to intervene, e-mail from Gowlings dated Feb. 7/05, Completed on: 2005-02-07 Kirkbi AG
2005-02-04 Motion for leave to intervene, (joint with an extension of time) (bookform), Completed on: 2005-02-04 John Alexander Kimio (''Sandy") Vingoe
2005-02-02 Book of authorities, (14 copies), Completed on: 2005-02-02 Attorney General of Canada
2005-02-02 Intervener's factum - AG on constitutional question, Completed on: 2005-02-02 Attorney General of Canada
2005-01-31 Notice of withdrawal Attorney General of Ontario
2005-01-28 Book of authorities, Completed on: 2005-01-31 Attorney General of Quebec
2005-01-28 Intervener's factum - AG on constitutional question, Completed on: 2005-01-31 Attorney General of Quebec
2005-01-13 Order on motion for leave to intervene, (BY MAJOR J.)
2005-01-13 Decision on the motion for leave to intervene, Ma, The motion for leave to intervene of the applicant, the International Trademark Association, is dismissed with costs to the appellants.

Dismissed, with costs
2005-01-13 Submission of motion for leave to intervene, Ma
2005-01-10 Appellant's book of authorities, Authorities in response to constitutional issue, Completed on: 2005-01-10 Kirkbi AG
2005-01-10 Reply factum on appeal, Completed on: 2005-01-10 Kirkbi AG
2005-01-05 Appeal perfected for hearing
2004-12-24 Respondent's factum, (12 copies of CD), Completed on: 2004-12-24 Ritvik Holdings Inc./Gestions Ritvik Inc. (now operating as Mega Bloks Inc.)
2004-12-24 Book of authorities, (12 copies of CD) Vol I - III, Completed on: 2004-12-24 Ritvik Holdings Inc./Gestions Ritvik Inc. (now operating as Mega Bloks Inc.)
2004-12-23 Respondent's record, (12 copies of CD) - Vol. I - VI, Completed on: 2004-12-23 Ritvik Holdings Inc./Gestions Ritvik Inc. (now operating as Mega Bloks Inc.)
2004-12-23 Respondent's record, (12 copies of Video Tapes - Tab 69 Exhibit 0-90), Completed on: 2004-12-29 Ritvik Holdings Inc./Gestions Ritvik Inc. (now operating as Mega Bloks Inc.)
2004-12-13 Response to the motion for leave to intervene, by International Trademak Ass. (bookform), Completed on: 2004-12-13 Kirkbi AG
2004-12-10 Order on motion to file a lengthy factum, (BY CHARRON J.)
2004-12-10 Decision on motion to file a lengthy factum, Cha, UPON APPLICATION by the respondent for an order permitting the filing of a 60 page factum, or in the alternative, to file a 20 page sur-reply factum;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motion is dismissed with costs.
Dismissed, with costs
2004-12-07 Submission of motion to file a lengthy factum, Cha
2004-12-01 Motion for leave to intervene, (bookform), Completed on: 2004-12-01 International Trademark Association
2004-12-01 Reply to the motion to file a lengthy factum, e-mail from Lang Michener dated Dec. 1/04 re: does not intend to file a reply, Completed on: 2004-12-01 Ritvik Holdings Inc./Gestions Ritvik Inc. (now operating as Mega Bloks Inc.)
2004-11-25 Notice of hearing sent to parties
2004-11-25 Appeal hearing scheduled, 2005-03-16, (Previously Feb. 8/05)
Judgment reserved
2004-11-10 Response to the motion to file a lengthy factum, (bookform), Completed on: 2004-11-12 Kirkbi AG
2004-11-04 Appellant's book of authorities, (Vol. I to III), Completed on: 2004-11-04 Kirkbi AG
2004-11-04 Appellant's factum, Completed on: 2004-11-04 Kirkbi AG
2004-11-02 Motion to file a lengthy factum, of 60 pages (bookform), Completed on: 2004-11-02 Ritvik Holdings Inc./Gestions Ritvik Inc. (now operating as Mega Bloks Inc.)
2004-10-28 Appellant's record, (Vol. I to VI), Completed on: 2004-10-28 Kirkbi AG
2004-10-06 Order on motion to file a reply factum on appeal, (BY ABELLA J.)
2004-10-06 Decision on the motion to file a reply factum on appeal, Abe, UPON APPLICATION by the appellants for directions confirming that the appellants are entitled to file a reply factum pursuant to Rule 29(4), or in the alternative, permitting the appellants to file a 60-page factum;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
1. The appellants are permitted to file a 20-page reply factum pursuant to Rule 29(4).
Granted
2004-10-04 Submission of motion to file a reply factum on appeal, Abe
2004-09-28 Reply to motion to file a reply factum on appeal, Completed on: 2004-09-28 Kirkbi AG
2004-09-24 Response to motion to file a reply factum on appeal, (bookform), Completed on: 2004-09-24 Ritvik Holdings Inc./Gestions Ritvik Inc. (now operating as Mega Bloks Inc.)
2004-09-16 Notice of intervention respecting a constitutional question Attorney General of Quebec
2004-09-16 Notice of intervention respecting a constitutional question Attorney General of Ontario
2004-09-15 Notice of intervention respecting a constitutional question Attorney General of Canada
2004-09-14 Motion to file a reply factum on appeal, Completed on: 2004-09-14 Kirkbi AG
2004-09-07 Appeal court record, 29 boxes (joint with Trial Court record and Exhibits)
2004-08-19 Notice of constitutional question(s) Ritvik Holdings Inc./Gestions Ritvik Inc. (now operating as Mega Bloks Inc.)
2004-08-12 Order on motion to state a constitutional question, (BY CHIEF JUSTICE)
2004-08-12 Decision on the motion to state a constitutional question, CJ, Subject to not addressing the constitutional question at the time of hearing or judgment if the Court is of the view that the evidentiary record is not satisfactory, the following constitutional question is stated:
1. Is s. 7(b) of the Trade-marks Act, R.S.C. 1985, c. T-13, as amended, either in whole or in part within the legislative competence of the Parliament of Canada under s. 91(2) of the Constitution Act, 1867?
If necessary, the parties may apply for leave to adduce additional evidence.
Granted
2004-08-03 Submission of motion to state a constitutional question, CJ
2004-06-11 Reply to the motion to state a constitutional question, Completed on: 2004-06-11 Ritvik Holdings Inc./Gestions Ritvik Inc. (now operating as Mega Bloks Inc.)
2004-06-07 Response to the motion to state a constitutional question, (bookform), Completed on: 2004-06-07 Kirkbi AG
2004-05-31 Notice of appeal, Completed on: 2004-06-01 Kirkbi AG
2004-05-28 Motion to state a constitutional question, Completed on: 2004-05-28 Ritvik Holdings Inc./Gestions Ritvik Inc. (now operating as Mega Bloks Inc.)
2004-05-07 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2004-04-30 Judgment on leave sent to the parties
2004-04-29 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-395-02, dated July 14, 2003, is granted with costs to the applicants in any event of the cause.
Granted, with costs
2004-03-15 All materials on application for leave submitted to the Judges, Ia Bi Arb
2003-11-06 Applicant's reply to respondent's argument, Completed on: 2003-11-06 Kirkbi AG
2003-10-27 Respondent's response on the application for leave to appeal, Completed on: 2003-10-27 Ritvik Holdings Inc./Gestions Ritvik Inc. (now operating as Mega Bloks Inc.)
2003-10-16 Letter acknowledging receipt of a complete application for leave to appeal
2003-09-24 Application for leave to appeal, Completed on: 2003-10-16 Kirkbi AG