Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
31327
Euro-Excellence Inc. v. Kraft Canada Inc., et al.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| 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. |
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
| Name | Role | Status |
|---|---|---|
| Euro-Excellence Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kraft Canada Inc. | Respondent | Active |
| Kraft Foods Schweiz AG and Kraft Foods Belgium SA | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Retail Council of Canada | Intervener | Active |
| Alliance of Manufacturers & Exporters Canada | Intervener | Active |
Counsel
Party: Euro-Excellence Inc.
Counsel
Pierre-Emmanuel Moyse
Bureau 314
Montréal, Quebec
H3H 2P5
Telephone: (514) 935-8361
FAX: (514) 935-8847
Email: boscher@qc.aira.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Kraft Canada Inc.
Counsel
330 University Avenue
6th Floor
Toronto, Ontario
M5G 1R7
Telephone: (416) 595-1155
FAX: (416) 595-1163
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Kraft Foods Schweiz AG and Kraft Foods Belgium SA
Counsel
330 University Avenue
6th Floor
Toronto, Ontario
M5G 1R7
Telephone: (416) 595-1155
FAX: (416) 595-1163
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Retail Council of Canada
Counsel
Elizabeth G. Elliott
427 Laurier Avenue West, Suite 1200
Ottawa, Ontario
K1R 7Y2
Telephone: (613) 238-8173
FAX: (613) 235-2508
Email: howard.knopf@macerajarzyna.com
Party: Alliance of Manufacturers & Exporters Canada
Counsel
James Buchan
Kevin Sartorio
1 First Canadian Place
100 King Street West
Toronto, Ontario
M5X 1G5
Telephone: (416) 862-5400
FAX: (416) 862-7661
Email: scott.jolliffe@gowlingwlg.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
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.
Kraft Foods Belgium S.A. (“KFB”) and Kraft Foods Schweiz AG (“KFS”) manufactured Côte d’Or and Toblerone confectionery products in Belgium and Switzerland, respectively. Euro Excellence imported those products into Canada and distributed them here. KFB authorized Euro Excellence to distribute its Côte d’Or confectionery products in the Canadian market in 1993, but the contract was not renewed when it expired three years later. Kraft Canada Inc. (“Kraft”) has been distributing Toblerone chocolates in Canada since 1990. It began distributing Côte d’Or products pursuant to contract in 2001. In October 2002, KFB and KFS registered copyrights on the product wrappers in Canada in the artistic category. They also entered into and registered a licence agreement with Kraft that, among other things, gave Kraft the right to use and publicly present the works in association with the distribution or sale in Canada of confectionery products.
After Euro Excellence refused to stop distributing the products, the Respondents brought an action in the Federal Court seeking an injunction and damages. Kraft alleged that the distribution of Côte d’Or and Toblerone chocolates by Euro Excellence in Canada violated copyright in the artwork on the product wrappers. Under s. 27(2)(e) of the Copyright Act, it is an infringement of copyright for any person to import into Canada, for the purpose of sale, a copy of a copyrighted work that the person knows or should have known infringes copyright or would infringe copyright if it had been made in Canada by the person who made it. The Federal Court issued the injunction and ordered Euro Excellence to pay damages. The Federal Court of Appeal allowed the appeal, but only on the issue of damages.
Lower court rulings
Federal Court of Appeal
T-1821-02, 2004 FC 652
Action des intimées accueillie
Federal Court of Appeal
A-258-04, 2005 CAF 427
Appel de la demanderesse accueilli en partie; appel incident des intimées rejeté
Filed documents
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 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 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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Related links
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
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available