Raymond Charbot Inc. c. 9505-3773 Québec Inc., 2026 CF 884
Justice Gagné; Justice Gagné - 2026-06-30
Read full decision. Generated by GenAI:
In a Federal Court proceeding, a trustee in bankruptcy sought to strike significant portions of an affidavit filed in defence of a trademark infringement application. The underlying proceeding concerned alleged unauthorised use of registered trademarks associated with a light-display entertainment concept. The deponent, the founder of the bankrupt company, filed a 126-paragraph affidavit addressing the circumstances leading to the bankruptcy, failed attempts to repurchase assets including the trademarks, alleged mismanagement by the trustee and its predecessor, and related litigation. The trustee argued the impugned paragraphs contained irrelevant material, hearsay, opinion evidence, and matters outside the court's jurisdiction. The court granted the motion in part, finding that evidence concerning the financial collapse, refinancing disputes, creditor conduct, and attempts to purchase other intellectual property assets was not relevant to the narrow issue of trademark infringement, while permitting evidence directly relevant to the value and use of the trademarks at issue to remain.
Decision relates to:
- T-4698-25 - Raymond Chabot Inv. v. 9505-3773 Quebec Inc.