Docket

31327

Euro-Excellence Inc. v. Kraft Canada Inc., et al.

(Federal Court) (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)
2008-06-18 Appeal closed
2008-06-18 Discontinuance of the bill of costs, (rec'd by fax) Euro-Excellence Inc.
2008-01-08 Bill of costs, Completed on: 2008-01-08 Euro-Excellence Inc.
2007-09-12 Record returned to the Registrar of the Court of Appeal
2007-07-27 Formal judgment sent to the registrar of the court of appeal and all parties
2007-07-27 Judgment on appeal and notice of deposit of judgment sent to all parties
2007-07-26 Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Federal Court of Appeal, Number A-258-04, 2005 FCA 427, dated December 19, 2005, heard on January 16, 2007, is allowed with costs in this Court and the courts below. McLachlin C.J. and Abella J. are dissenting.
Allowed, costs in this Court and courts below
2007-02-01 Transcript received, (75 pages)
2007-01-16 Judgment reserved OR rendered with reasons to follow
2007-01-16 Respondent's condensed book, 14 copies - distributed in Court. Kraft Canada Inc.
2007-01-16 Appellant's condensed book, 14 copies - distributed in Court. Euro-Excellence Inc.
2007-01-16 Acknowledgement and consent for video taping of proceedings
2007-01-16 Hearing of the appeal, 2007-01-16, CJ Ba Bi LeB De F Abe Cha Ro
Judgment reserved
2007-01-04 Notice of appearance, R. Scott Joliffe and James H. Buchan will be appearing. Alliance of Manufacturers & Exporters Canada
2007-01-02 Notice of appearance, Howard P. Knopf and Elizabeth G. Elliott will be appearing. Retail Council of Canada
2006-12-28 Notice of appearance, François Boscher and Pierre-Emmanuel Moyse will be present at the hearing. Euro-Excellence Inc.
2006-12-15 Intervener's book of authorities, Completed on: 2006-12-15 Alliance of Manufacturers & Exporters Canada
2006-12-15 Order by, Ba, FURTHER TO THE ORDER of Bastarache J. dated November 3, 2006, granting leave to intervene to the Retail Council of Canada and to the Alliance of Manufacturers & Exporters Canada;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
Granted
2006-12-14 Correspondence received from, Macera & Jarzyna dated Dec. 14/06 re: request for oral submission of 30 minutes. Retail Council of Canada
2006-12-14 Intervener's book of authorities, (Vol. I and II), Completed on: 2006-12-14 Retail Council of Canada
2006-12-14 Intervener's factum, Completed on: 2006-12-14 Retail Council of Canada
2006-12-14 Intervener's factum, Completed on: 2006-12-14 Alliance of Manufacturers & Exporters Canada
2006-12-04 Appeal court record, (3 boxes - joint with exhibits from Federal Court)
2006-12-01 Notice of appearance, Timothy M. Lowman and Kenneth D. McKay will be appearing. Kraft Canada Inc.
2006-11-16 Notice of hearing sent to parties
2006-11-15 Appeal hearing scheduled, 2007-01-16
Judgment reserved
2006-11-08 Letter sent to Intervener(s)
2006-11-03 Order on motion for leave to intervene, (BY BASTARACHE J.)
2006-11-03 Decision on the motion for leave to intervene, Ba, The motion for leave to intervene of the applicant, the Retail Council of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before December 14, 2006.
The motion for leave to intervene of the applicant, the Alliance of Manufacturers & Exporters Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before December 14, 2006.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their interventions.
Granted
2006-11-03 Submission of motion for leave to intervene, Ba
2006-11-02 Correspondence received from, Kenneth D. McKay dated Nov. 2/06 re: time for filing interveners' factum Kraft Canada Inc.
2006-11-01 Respondent's book of authorities, (Vol. I and II), Completed on: 2006-11-01 Kraft Canada Inc.
2006-11-01 Respondent's record, Completed on: 2006-11-01 Kraft Canada Inc.
2006-11-01 Respondent's factum, Completed on: 2006-11-01 Kraft Canada Inc.
2006-11-01 Appeal perfected for hearing
2006-10-17 Reply to the motion for leave to intervene, replying to Kraft Foods's response (book form), Completed on: 2006-10-17 Retail Council of Canada
2006-10-13 Response to the motion for leave to intervene, Completed on: 2006-10-13 Euro-Excellence Inc.
2006-10-12 Response to the motion for leave to intervene, re: interventions by Retail Council of Canada and Alliance of Manufacturers, Completed on: 2006-10-12 Kraft Canada Inc.
2006-10-12 Response to the motion for leave to intervene, (Letter Form), from F. Boscher dated October 11, 2006 (fax copy - original receivec Oct. 17, 2006) re: intervention by Retail Council of Canada, Completed on: 2006-10-12 Euro-Excellence Inc.
2006-10-04 Book of authorities, 3 copies - book form (ref. motion to intervene), Completed on: 2006-10-04 Retail Council of Canada
2006-10-04 Motion for leave to intervene, 3 copies - book form, Completed on: 2006-10-04 Retail Council of Canada
2006-10-04 Motion for leave to intervene, 3 copies - book form, Completed on: 2006-10-04 Alliance of Manufacturers & Exporters Canada
2006-09-06 Appellant's book of authorities, (Vol. I to III), Completed on: 2006-09-06 Euro-Excellence Inc.
2006-09-06 Appellant's record, (Vol. I and II), Completed on: 2006-09-06 Euro-Excellence Inc.
2006-09-06 Appellant's factum, (25 copies), Completed on: 2006-09-06 Euro-Excellence Inc.
2006-06-15 Notice of appeal, Completed on: 2006-06-15 Euro-Excellence Inc.
2006-06-06 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2006-05-19 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2006-05-19 Judgment on leave sent to the parties
2006-05-18 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-258-04, 2005 FCA 427, dated December 19, 2005, is granted with costs to the applicant in any event of the cause.
Granted, with costs to the applicant(s) in any event of the cause
2006-04-18 All materials on application for leave submitted to the Judges, Ba LeB F
2006-03-31 Order on motion to leave to intervene, (BY ABELLA J.)
2006-03-31 Decision on motion for leave to intervene, Abe, UPON APPLICATION by the Retail Council of Canada for leave to intervene in the above mentioned application for leave to appeal;
AND THE MATERIAL having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed without prejudice to the applicant's right to apply for leave to intervene in the appeal, in the usual manner, if the Court grants the application for leave to appeal.
Dismissed
2006-03-31 Submission of motion for leave to intervene, Abe
2006-03-31 Response to the motion for leave to intervene, (Letter Form), from S. E. Roussel (by fax), Completed on: 2006-03-31 Euro-Excellence Inc.
2006-03-29 Reply to the motion for leave to intervene., (bookform), Completed on: 2006-03-29 Retail Council of Canada
2006-03-24 Response to the motion for leave to intervene, from Mr. Lowman: oppose the intervention of Retail Council of Canada, Completed on: 2006-03-24 Kraft Canada Inc.
2006-03-23 Applicant's reply to respondent's argument, Printed pages on left requested (rec'd March 27/06)., Completed on: 2006-03-27 Euro-Excellence Inc.
2006-03-16 Book of authorities, Vol. I & II on motion to intervene Retail Council of Canada
2006-03-16 Motion for leave to intervene, (bookform), Completed on: 2006-03-16 Retail Council of Canada
2006-03-15 Letter acknowledging receipt of a complete application for leave to appeal
2006-03-13 Book of authorities, (2 volumes) Kraft Canada Inc.
2006-03-13 Respondent's response on the application for leave to appeal, Completed on: 2006-03-13 Kraft Canada Inc.
2006-02-14 Book of authorities, 2 volumes Euro-Excellence Inc.
2006-02-14 Application for leave to appeal, (C/A Order rec'd March 15/06), Completed on: 2006-03-15 Euro-Excellence Inc.