Vermillion Networks Inc. v. Green Circle Ideas Inc., 2024 FC 579
Associate Justice Coughlan - 2024-04-12
Read full decision. Automatically generated summary:
The Respondent seeks an order pursuant to Rule 167 of the Federal Courts Rules, dismissing the underlying Notice of Application for delay. The Application, filed on April 25, 2017, is brought under Sections 18, 55, 57 and 58 of the Trademarks Act and Rule 300(b) of the Rules. The Respondent asserts that the delays in this proceeding, which are substantial, are all attributable to the Applicant or its counsel or both. Further, the Respondent says that while prejudice should be presumed after a lengthy delay, it has suffered actual prejudice by the 2018 death of a potential witness. ... In all of the circumstances of this proceeding, I cannot conclude that there is a fair prospect the Applicant is intent on bringing this Application to an end. For me to conclude otherwise is to rely on mere statements of hope or belief. Given the lengthy delay and the finding of prejudice, the only appropriate sanction is dismissal.
Decision relates to:
- T-1484-21 - Vermillion Networks Inc. v. Essilor Group Canada Inc.
- T-533-19 - VERMILLION NETWORKS INC. v. CENOVUS ENERGY INC.
- T-609-17 - VERMILLION NETWORKS INC. v. GREEN CIRCLE IDEAS INC.