Docket

33459

Masterpiece Inc. v. Alavida Lifestyles 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)
2011-11-16 Appeal closed
2011-11-16 Discontinuance of the bill of costs, SETTLEMENT Masterpiece Inc.
2011-07-28 Bill of costs, Completed on: 2011-07-28 Masterpiece Inc.
2011-05-30 Correspondence received from, Henry S. Brown, Q.C. dated May 27/11 re Kelly Gill is with Gowlings Masterpiece Inc.
2011-05-27 Formal judgment sent to the registrar of the court of appeal and all parties
2011-05-27 Judgment on appeal and notice of deposit of judgment sent to all parties
2011-05-26 Judgment on the appeal rendered, CJ Bi LeB F Cha Ro Cro, The appeal from the judgment of the Federal Court of Appeal, Number A-40-09, 2009 FCA 290, dated October 13, 2009, heard on December 8, 2010, is allowed with costs in this Court and in the courts below. The Registrar of Trade-marks is ordered to expunge the respondent’s registration from the register of trade-marks.
Allowed, costs in this Court and courts below
2010-12-30 Transcript received, (64 pages)
2010-12-08 Acknowledgement and consent for video taping of proceedings, All parties consented
2010-12-08 Judgment reserved OR rendered with reasons to follow
2010-12-08 Hearing of the appeal, 2010-12-08, CJ Bi LeB F Cha Ro Cro
Judgment reserved
2010-12-08 Intervener's condensed book, Filed in Court International Trademark Association
2010-12-08 Respondent's condensed book, Filed in Court Alavida Lifestyles Inc.
2010-12-08 Appellant's condensed book, Filed in Court Masterpiece Inc.
2010-12-07 Supplemental document, Appellant's Authorities, Completed on: 2010-12-07 Masterpiece Inc.
2010-12-06 Supplemental document, Respondend's Record, Completed on: 2010-12-06 Alavida Lifestyles Inc.
2010-12-06 Supplemental document, Respondent's Authorities - New CD requested, Completed on: 2010-12-06 Alavida Lifestyles Inc.
2010-12-02 Supplemental document, Appellant's record, Completed on: 2010-12-02 Masterpiece Inc.
2010-11-08 Notice of appearance, Daniel R. Bereskin, Q.C. and Mark L. Robbins will be appearing International Trademark Association
2010-11-01 Order by, Cha, FURTHER TO THE ORDER dated September 3, 2010, granting leave to intervene to the International Trademark Association;
IT IS HEREBY FURTHER ORDERED THAT the intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal.
Granted
2010-10-25 Intervener's book of authorities, Completed on: 2010-10-25 International Trademark Association
2010-10-25 Intervener's factum, Completed on: 2010-10-25 International Trademark Association
2010-09-27 Notice of appearance, Clarke Hunter, Kelly Gill and Brandon Potter will be present at the hearing. Masterpiece Inc.
2010-09-15 Correspondence received from, S. Miller by fax, re.: request for 2 reserved seats at the hearing Alavida Lifestyles Inc.
2010-09-15 Notice of appearance, Scott Miller, Sharon Griffin and Heather Gallant will be present at the hearing. Alavida Lifestyles Inc.
2010-09-14 Appeal perfected for hearing
2010-09-10 Respondent's book of authorities, Completed on: 2010-09-10 Alavida Lifestyles Inc.
2010-09-10 Respondent's record, (2 volumes), Completed on: 2010-09-10 Alavida Lifestyles Inc.
2010-09-10 Respondent's factum, Completed on: 2010-09-10 Alavida Lifestyles Inc.
2010-09-03 Order on motion for leave to intervene, (BY CHARRON J.)
2010-09-03 Decision on the motion for leave to intervene, Cha, UPON APPLICATION by the International Trademark Association for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene of the International Trademark Association is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener 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 intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention.
Granted
2010-09-03 Submission of motion for leave to intervene, Cha
2010-08-17 Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Aug. 17/10, Completed on: 2010-08-17 Masterpiece Inc.
2010-08-13 Motion for leave to intervene, (bookform), Completed on: 2010-08-17 International Trademark Association
2010-07-16 Appellant's book of authorities, Completed on: 2010-07-16 Masterpiece Inc.
2010-07-16 Appellant's factum, Completed on: 2010-07-16 Masterpiece Inc.
2010-07-15 Correspondence received from, Gowlings by fax, re.: request for 2 reserved seats at the hearing Masterpiece Inc.
2010-07-15 Notice of appearance, Clark Hunter and Brandon Potter will be present at the hearing. Masterpiece Inc.
2010-07-14 Appellant's record, (3 volumes), Completed on: 2010-07-14 Masterpiece Inc.
2010-07-05 Notice of hearing sent to parties
2010-07-05 Appeal hearing scheduled, 2010-12-08, (start time 9:30am )
Judgment reserved
2010-04-28 Notice of appeal, Completed on: 2010-04-28 Masterpiece Inc.
2010-04-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2010-04-06 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2010-04-06 Judgment on leave sent to the parties
2010-04-01 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-40-09, 2009 FCA 290, dated October 13, 2009, is granted with costs in the cause.
Granted, with costs in the cause
2010-02-01 All materials on application for leave submitted to the Judges, Bi F Cha
2010-01-28 Applicant's reply to respondent's argument, Completed on: 2010-01-28 Masterpiece Inc.
2010-01-19 Book of authorities Alavida Lifestyles Inc.
2010-01-19 Respondent's response on the application for leave to appeal, Completed on: 2010-01-19 Alavida Lifestyles Inc.
2009-12-23 Letter acknowledging receipt of a complete application for leave to appeal
2009-12-10 Book of authorities Masterpiece Inc.
2009-12-10 Application for leave to appeal, fees missing-rec'd Dec 16/09, Completed on: 2009-12-16 Masterpiece Inc.