Case information
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40654
Ministry of Energy, Commerce and Industry of the Republic of Cyprus v. 3878422 Canada Inc., Maison Alexis de Portneuf Inc. and Saputo Dairy Products Canada G.P.
(Quebec) (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) |
|---|---|---|
| 2023-09-21 | Close file on Leave | |
| 2023-08-31 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-08-31 | Judgment on leave sent to the parties | |
| 2023-08-31 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-029244-209, 2023 QCCA 94, dated January 20, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2023-07-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-05-01 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-05-02, (Printed version filed on 2023-05-01) | Ministry of Energy, Commerce and Industry of the Republic of Cyprus |
| 2023-04-20 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2023-04-27) | 3878422 Canada Inc., Maison Alexis de Portneuf Inc. and Saputo Dairy Products Canada G.P. |
| 2023-04-20 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2023-04-27) | 3878422 Canada Inc., Maison Alexis de Portneuf Inc. and Saputo Dairy Products Canada G.P. |
| 2023-04-20 | Notice of name, (Letter Form), (Printed version due on 2023-04-27) | 3878422 Canada Inc., Maison Alexis de Portneuf Inc. and Saputo Dairy Products Canada G.P. |
| 2023-04-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-05-01, (Printed version filed on 2023-04-24) | 3878422 Canada Inc., Maison Alexis de Portneuf Inc. and Saputo Dairy Products Canada G.P. |
| 2023-03-28 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2023-03-28 | |
| 2023-03-21 | Book of authorities, (Book Form), Completed on: 2023-03-28, (Printed version filed on 2023-03-21) | Ministry of Energy, Commerce and Industry of the Republic of Cyprus |
| 2023-03-21 | Notice of name, (Letter Form), (Printed version filed on 2023-03-21) | Ministry of Energy, Commerce and Industry of the Republic of Cyprus |
| 2023-03-21 | Certificate (on limitations to public access), (Letter Form), 23A & 23B, (Printed version filed on 2023-03-21) | Ministry of Energy, Commerce and Industry of the Republic of Cyprus |
| 2023-03-21 | Application for leave to appeal, (Book Form), Completed on: 2023-03-21, (Printed version filed on 2023-03-21) | Ministry of Energy, Commerce and Industry of the Republic of Cyprus |
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 |
|---|---|---|
| Ministry of Energy, Commerce and Industry of the Republic of Cyprus | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| 3878422 Canada Inc., Maison Alexis de Portneuf Inc. and Saputo Dairy Products Canada G.P. | Respondent | Active |
Counsel
Party: Ministry of Energy, Commerce and Industry of the Republic of Cyprus
Counsel
Jean-Sébastien Dupont
1000, rue de la Gauchetière O.
Bureau 3300
Montréal, Quebec
H3B 4W5
Telephone: (514) 954-1500 Ext: 3569
FAX: (514) 954-1396
Email: fguay@smart-biggar.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: 3878422 Canada Inc., Maison Alexis de Portneuf Inc. and Saputo Dairy Products Canada G.P.
Counsel
Rémi Leprévost
1155, boulevard René-Lévesque Ouest
Suite 4000
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3657
FAX: (514) 397-3404
Email: pgirard@stikeman.com
Summary
Keywords
Contracts — Interpretation of contracts — Standard of review — Did the Superior Court err in its interpretation of two settlement transactions with respect to the use of trademarks? — Did the Court of Appeal err in dismissing the appeal?
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.
The Ministry of Energy, Commerce and Industry of the Republic of Cyprus (“the Ministry”) entered into two transactions with predecessors of the respondent 3878422 Canada Inc. (“3878 Canada”), in which the Ministry purchased the registered trademark HALOMI and 3878 Canada’s predecessor agreed to avoid certain uses of the trademark.
The respondents started producing and marketing cheese in Canada with the word “Haloumi” on the package. The Ministry brought an action for breach of contract and contractual interference under the prior agreements. In the Superior Court of Quebec, the trial judge found that the agreements only prohibited “use as a trademark,” and that “Haloumi” was being used only as a descriptive term and that there was no breach of the agreement. The Court of Appeal upheld the trial judge’s decision.
Lower court rulings
Superior Court of Quebec
2017 QCCS 3803
Motion for dismissal pursuant to art. 168 CCP rejected.
Superior Court of Quebec
2020 QCCS 3752, 500-17-098048-179
Action dismissed.
Court of Appeal of Quebec (Montréal)
2023 QCCA 94, 500-09-0292244-209
Appeal dismissed.
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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Related links
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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