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27174

Mattel Canada Inc., et al. v. Her Majesty the Queen, et al.

(Federal) (Civil) (By Leave)

(Sealing order)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
2002-05-23 Response to the bill of costs, (Letter Form), do not wish to have the bill of costs taxed, Completed on: 2002-05-23 Her Majesty the Queen
2002-02-04 Bill of costs, Completed on: 2002-02-04 Mattel Canada Inc.
2001-09-04 Record returned to the Registrar of the Court of Appeal
2001-06-27 Appeal closed
2001-06-19 Formal judgment sent to the registrar of the court of appeal and all parties
2001-06-11 Copy of formal judgment being prepared
2001-06-08 Notice of deposit of judgment sent to all parties
2001-06-07 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is allowed in part. The cross-appeal is dismissed. Mattel Canada Inc. shall have its costs in this Court and in the courts below.
Allowed in part, with costs
2001-03-08 Transcript received, (73 pages)
2001-02-20 Hearing of the appeal, 2001-02-20, (v019), CJ L'HD G Ia Ma Ba Bi Arb LeB
Judgment reserved
2001-02-20 Acknowledgement and consent for video taping of proceedings
2001-02-20 Respondent's condensed book, given in court Her Majesty the Queen
2001-02-09 Correspondence received from, Jeffery D. Jenkins dated Feb. 8/01 joint with 12 copies of the confidential License Agreement between Mattel Canada Inc. and Licensor dated July 26, 1991 Mattel Canada Inc.
2001-02-09 Correspondence received from, Jeffery Jenkins re: enclosing 12 copies of the complete License Agreement dated July 26, 1991. It replaces the incomplete version, contained in the sealed confidential appeal book vol. II of IX, pages 357 to 370. Mattel Canada Inc.
2001-02-09 Notice of appearance, of Richard S. Gottlieb, Darrel H. Pearson and Jeffrey D. Jenkins at the hearing of the appeal. Mattel Canada Inc.
2001-02-09 Notice of appearance Her Majesty the Queen
2000-12-01 Appeal hearing scheduled, 2001-02-20
Judgment reserved
2000-11-27 Order on motion for leave to intervene, (15 minutes of oral argument granted by Arbour J.)
2000-11-16 Book of authorities, Completed on: 2000-11-16 Reebok Canada Inc.
2000-11-16 Intervener's factum, (see decision dated Oct. 24/00), Completed on: 2000-11-16 Reebok Canada Inc.
2000-11-16 Correspondence received from, R.J. Hofley dated Nov. 16/00 re: to present oral argument Reebok Canada Inc.
2000-11-03 Respondent's book of authorities - cross appeal, Completed on: 2000-11-03 Mattel Canada Inc.
2000-11-03 Respondent's record - cross appeal, Completed on: 2000-11-03 Mattel Canada Inc.
2000-11-03 Respondent's factum - cross appeal, Completed on: 2000-11-03 Mattel Canada Inc.
2000-10-24 Decision on motion to extend time, Reg, to serve and file the factum of the intervener Reebok Canada by an additional two weeks.
Granted, no order as to costs
2000-10-24 Submission of motion to extend time, Reg
2000-10-19 Response to motion to extend time, (Letter Form), from F.B. Woyiwada dated Oct. 19/00 (by fax), Completed on: 2000-10-19 Her Majesty the Queen
2000-10-18 Correspondence received from, N. McHaffie dated Oct. 18/00 (by fax) re: error in Motion to Extend Time Reebok Canada Inc.
2000-10-17 Response to motion to extend time, from the Appellant (joint with motion at Tab 3), Completed on: 2000-10-17 Mattel Canada Inc.
2000-10-17 Motion to extend time, to serve and file the Factum by an additional two weeks (book form), Completed on: 2000-10-25 Reebok Canada Inc.
2000-10-12 Order on motion to extend time
2000-10-06 Respondent's book of authorities, Completed on: 2000-10-06 Her Majesty the Queen
2000-10-06 Appellant's factum - cross appeal, (joint with respondent's factum on appeal), Completed on: 2000-10-06 Her Majesty the Queen
2000-10-06 Respondent's factum, (joint with factum on cross-appeal), Completed on: 2000-10-06 Her Majesty the Queen
2000-10-06 Appeal perfected for hearing, Session beginning on 2001-01-15
2000-10-05 Correspondence received from, J. Jenkins dated Oct. 3, 2000 re: enclosing a correspondance dated Oct. 3, 2000 sent to Mr. Woyiwada concerning an incomplete portion of the Confidential Appeal Book Mattel Canada Inc.
2000-10-02 Decision on motion to extend time, to serve and file the appellant's (cross-respondent's) factum on cross-appeal by an additional two weeks, Reg
Granted, no order as to costs
2000-10-02 Submission of motion to extend time, Reg
2000-09-22 Response to motion to extend time, (Letter Form), from the Respondent (Cross-Appellant) dated Sept. 21/00, Completed on: 2000-09-22 Her Majesty the Queen
2000-09-22 Motion to extend time, (Letter Form), to serve and file the Response Factum on Cross-Appeal by an additional two weeks (also 5 copies of Written Representations in Support), Completed on: 2000-09-22 Mattel Canada Inc.
2000-08-14 Appellant's record, Completed on: 2000-08-14 Mattel Canada Inc.
2000-08-11 Appellant's book of authorities, Completed on: 2000-08-11 Mattel Canada Inc.
2000-08-11 Appellant's factum, Completed on: 2000-08-11 Mattel Canada Inc.
2000-07-21 Order on motion for leave to intervene, (by the Court)
2000-07-21 Decision on the motion for leave to intervene, Arb, by REEBOK CANADA INC. The factum is limited to 20 pages. The request for oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and the intervener (15 minutes oral argument granted Nov.27, 2000). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention.
Granted, no order as to costs
2000-07-21 Decision on the motion for leave to intervene, Arb, by the CANADIAN IMPORTERS ASSOCIATION.
Dismissed, no order as to costs
2000-07-21 Submission of motion for leave to intervene, by CIA & Reebok, Arb
2000-06-19 Response to the motion for leave to intervene, from F.B. Woyiwada dated June 19/00 (by fax) to Reebok Canada Inc.'s Motion, Completed on: 2000-06-19 Her Majesty the Queen
2000-06-19 Response to the motion for leave to intervene, (Letter Form), from D.H. Pearson dated June 16/00 to Reebok Canada Inc.'s Motion, Completed on: 2000-06-19 Mattel Canada Inc.
2000-06-15 Correspondence received from, R.J. Hofley dated June 15/00 re: copies of letters sent to parties asking for consents (by fax) Reebok Canada Inc.
2000-06-12 Reply to the motion for leave to intervene, (Letter Form), from R. G. Dearden dated June 12/00 to Mattel's Response, Completed on: 2000-06-12 Canadian Importers Association
2000-06-09 Book of authorities, on Motion for Leave to Intervene in the cross-appeal, Completed on: 2000-06-09 Reebok Canada Inc.
2000-06-09 Motion for leave to intervene, (in the cross-appeal) (book form), Completed on: 2000-06-09 Reebok Canada Inc.
2000-06-06 Response to the motion for leave to intervene, (Letter Form), from D.H. Pearson dated June 5/00, Completed on: 2000-06-06 Mattel Canada Inc.
2000-06-02 Response to the motion for leave to intervene, (Letter Form), from G. Garton dated June 2, 2000 (fax copy), Completed on: 2000-06-02 Her Majesty the Queen
2000-05-26 Motion for leave to intervene, (in the cross-appeal) - 2 copies - book form, Completed on: 2000-05-26 Canadian Importers Association
2000-05-05 Appeal court record, (3 sealed folders and 1 box)
2000-04-12 Letter acknowledging receipt of notice of appeal
2000-04-10 Correspondence received from, Jeffery D. Jenkins dated April 6/00 re: Gordon Greenwood of MacLaren, Corlett as Ottawa agent Mattel Canada Inc.
2000-04-10 Notice of appeal, Completed on: 2000-04-10 Mattel Canada Inc.
2000-03-31 Notice of cross appeal, Completed on: 2000-03-31 Her Majesty the Queen
2000-03-17 Notice of deposit of judgment issued to all parties
2000-03-16 Judgment of the Court on the application for leave to appeal, The application for leave to appeal and the application for leave to cross-appeal are granted.
Granted, no order as to costs
2000-03-16 Judgment of the Court on the application for leave to cross-appeal, The application for leave to appeal and the application for leave to cross-appeal are granted.
Granted, no order as to costs
1999-12-20 All material on the application for leave to cross-appeal submitted to the Judges
1999-12-20 All materials on application for leave submitted to the Judges, McL Ia Ma
1999-05-20 Reply to the memorandum in response to the argument on cross-appeal, (service on May 25, 1999), Completed on: 1999-05-28 Her Majesty the Queen
1999-05-13 Memorandum of argument in response to the cross-appeal, Completed on: 1999-05-13 Mattel Canada Inc.
1999-04-22 Applicant's reply to respondent's argument, Completed on: 1999-04-22 Mattel Canada Inc.
1999-04-15 Correspondence received, memorandum from Raymonde Knight (Federal Court Appeal Division) dated April 15/99 re: foward 3 copies of ALL appeal books, not only the confidential one
1999-04-15 Court of Appeal casebooks and transcripts of evidence, Appeal Books Vol. I to IX and Appendix I to the Appeal Book (contained in 3 boxes placed in Exhibits Room)
1999-04-15 Application for leave to cross-appeal, (4 copies) (joint with response on leave), Incomplete Her Majesty the Queen
1999-04-15 Respondent's response on the application for leave to appeal, (joint with application to cross-appeal), Completed on: 1999-04-15 Her Majesty the Queen
1999-04-06 General proceeding, 3 copies of PUBLIC VERSION OF THE APPLICATION FOR LEAVE TO APPEAL (+ 1 env. to be SEALED) Mattel Canada Inc.
1999-03-29 Decision on motion for directions, Ma, It is hereby directed that paragraphs 6, 7, 37, 38 and 39 being trade secrets shall be segregated from the Applicant's Memorandum of Argument and filed separately, and will be under seal in this Court
Granted, no order as to costs
1999-03-26 Submission of motion for directions, Ma
1999-03-26 Response to motion for directions, (Letter Form), (from F.B. Woyiwada), Completed on: 1999-03-26 Her Majesty the Queen
1999-03-25 Motion for directions, with respect to the application of the order dated March 24, 1999, Completed on: 1999-03-25 Mattel Canada Inc.
1999-03-24 Order on miscellaneous motion, (by the Court) re sealing documents
1999-03-24 General proceeding, (by fax) F.C.A. Order sealing part of the file Mattel Canada Inc.
1999-03-24 Decision on the miscellaneous motion, Ma, order as obtained in the Federal Court of Appeal be granted and that the confidential contents of those documents be treated as such. There is no order made with respect to the non-confidential material.
Granted, no order as to costs
1999-03-24 Submission of miscellaneous motion, Ma
1999-03-23 Correspondence received from, from Jeffery D. Jenkins; re: sealing the file Mattel Canada Inc.
1999-03-22 Response to miscellaneous motion, (Letter Form), Completed on: 1999-03-22 Her Majesty the Queen
1999-03-16 Letter acknowledging receipt of a complete application for leave to appeal
1999-03-15 Notice of miscellaneous motion, for an order protecting the confidential record and the application for leave to appeal, Completed on: 1999-03-15 Mattel Canada Inc.
1999-03-15 Application for leave to appeal, SEALED APPLICATION FOR LEAVE TO APPEAL, Completed on: 1999-03-15 Mattel Canada Inc.

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Mattel Canada Inc. Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Her Majesty the Queen Appellant on cross-appeal Active

v.

Sub parties (1) - Respondents
Name Role Status
Mattel Canada Inc. Respondent on cross-appeal Active

Other parties

Other parties
Name Role Status
Reebok Canada Inc. Intervener Active

Counsel

Party: Mattel Canada Inc.

Counsel
Richard S. Gottlieb
Darrel H. Pearson
Jeffery D. Jenkins
Gottlieb & Pearson
4950 Yonge Street, Suite 1800
Toronto, Ontario
M2N 6K1
Telephone: (416) 250-1550
FAX: (416) 250-7889
Agent
Gordon B. Greenwood
Maclaren Corlett
50 O'Connor Street, Suite 1625
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190

Party: Her Majesty the Queen

Counsel
Edward R. Sojonky, Q.C.
Frederick B. Woyiwada
Attorney General of Canada
284 Wellington Street
East Memorial Building
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4871
FAX: (613) 954-1920

Party: Reebok Canada Inc.

Counsel
Richard W. Pound, Q.C.
Glenn A. Cranker
Randall J. Hofley
Nicholas McHaffie
Stikeman, Elliott
3900 - 1155 René-Lévesque Blvd. West
Montreal, Quebec
H3B 3V2
Telephone: (514) 397-3000
FAX: (514) 397-3222
Agent
Randall J. Hofley
Stikeman, Elliott
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

January 15, 1997
Canadian International Trade Tribunal

AP-95-126, AP-95-255

see file

January 13, 1999
Federal Court of Appeal

A-291-97

Allowed in part with costs. Cross-appeal dismissed with costs.

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

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Date modified: 2025-05-13