CUSHMAN & WAKEFIELD, INC. v. WAKEFIELD REALTY CORPORATION
Summary of T-230-01
The following information was obtained from the Federal Court or Federal Court of Appeal websites but is NOT the official version. See links below for the court websites.
Federal Court Type: Trade Mark Opposition
Parties and Lawyers:Party | Firm | Lawyer |
---|---|---|
CUSHMAN & WAKEFIELD INC | Stikeman Elliott LLP OTT | BIBIC, MIRKO |
WAKEFIELD REALTY CORP |
Name | Number |
---|---|
CUSHMAN & WALEFIELD DESIGN | 758127 |
WAKEFIELD | 321079 |
Docket Summary (Google Translate to English)
() 2004-12-09 - OttawaCopy of Reasons for Judgment dated 09-DEC-2004 rendered by The Honourable Madam Justice Desjardins The Honourable Mr. Justice Rothstein The Honourable Mr. Justice Pelletier placed on file. Original filed on Court File No. A-132-04
Copy of Judgment dated 09-DEC-2004 rendered by The Honourable Madam Justice Desjardins The Honourable Mr. Justice Rothstein The Honourable Mr. Justice Pelletier placed on file. Original filed on Court File No. A-132-04
Certified French language Translation of Reasons for Order rendered on 09-FEB-2004 by The Honourable Mr. Justice Harrington filed on 19-MAY-2004 pursuant to s. 20 of the Official Languages Act.
Certified French language Translation of Order rendered on 09-FEB-2004 by The Honourable Mr. Justice Harrington filed on 27-APR-2004 pursuant to s. 20 of the Official Languages Act. entered in J. & O. Book, volume 855 page(s) 337 - 339
Corrections to page(s) 2 of the Order of the Honourable Mr. Justice Harrington that were dated 9-FEB-2004 Corrected pages sent to parties received on 18-FEB-2004
Corrections to page(s) 21 of the Reasons of The Honourable Mr. Justice Harrington that were dated 09-FEB-2004 received on 18-FEB-2004 Corrected pages sent to parties
Reasons for Order dated 09-FEB-2004 rendered by The Honourable Mr. Justice Harrington The Court's decision is with regard to Trade-Marks - Application Filed on 09-FEB-2004 Copies sent to parties
Order dated 09-FEB-2004 rendered by The Honourable Mr. Justice Harrington Matter considered with personal appearance The Court's decision is with regard to Trade-Marks - Application Result: granted Filed on 09-FEB-2004 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 845 page(s) 170 - 171 Final Decision
Ottawa 02-FEB-2004 BEFORE The Honourable Mr. Justice Harrington Language: E Before the Court: Judicial Review Result of Hearing: Matter reserved held in Court Senior Usher: D. Cormier Duration per day: 02-FEB-2004 from 09:31 to 16:59 Courtroom : Dispute Resolution Conference Room #1 - Ottawa Court Registrar: Robert Lemoine Total Duration: 7h 28min Appearances: Ms. Justine Whitehead (613)566-0537 representing Applicant Mr. David Aylen (416)862-5792 representing Respondent Minutes of Hearing entered in Vol. 653 page(s) 67 - 78 Abstract of Hearing placed on file
Solicitor's certificate of service on behalf of Rohit Parekh confirming service of Respondent's Book of Authorities upon Applicant by overnight courier on 26-JAN-2004 filed on 27-JAN-2004
Book of Authorities consisting of 1 volume(s) on behalf of Respondent received on 27-JAN-2004 Sent directly to Presiding Judge
Order (time and place) dated 21-OCT-2003 rendered by Chief Justice Lutfy and signed by Judicial Administrator fixing Trade-Marks - Application to be heard at Special Sitting in Ottawa on 02-FEB-2004 to begin at 09:30 duration: 1d language: E Filed on 22-OCT-2003 cc's sent to parties entered in J. & O. Book, volume 832 page(s) 383 - 383 Transmittal letters placed on file
Covering letter from Applicant dated 17-DEC-2002 concerning Doc. Nos. 75 76 77 placed on file on 17-DEC-2002
Solicitor's certificate of service on behalf of Justine Whitehead confirming service of Doc.#76 upon Respondent by telecopier on 17-DEC-2002 filed on 17-DEC-2002
Requisition for hearing - Application from Applicant filed on 17-DEC-2002 Tariff Application or appeal - $50.00
Letter from Applicant dated 17-DEC-2002 Pursuant to Rule 7 consenting to the extension to file the Requisition of Hearing filed on 17-DEC-2002
Book of Authorities consisting of 2 volume(s) on behalf of Respondent received on 05-DEC-2002
Sealed envelope pursuant to the Confidentiality Order of Madam Prothonotary Aronovitch dated 22-NOV-2002 on behalf of Respondent purporting to contain the Memorandum of Agreement between Cushman Wakefield and Royal LePage executed December 1992 Filed on 05-DEC-2002
Solicitor's certificate of service on behalf of Rohit Parekh confirming service of Doc. upon Applicant by courier on 05-DEC-2002 filed on 05-DEC-2002
Respondent's Record (3 Volumes) Number of copies received/prepared: 3 on behalf of Respondent filed on 05-DEC-2002
Order dated 29-NOV-2002 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 63 Result: granted 1) The Respondent shall be given until December 5, 2002 to serve and fle its Respondent's Record." Filed on 29-NOV-2002 certified copies sent to parties entered in J. & O. Book, volume 792 page(s) 99 - 99 Interlocutory Decision
Order dated 22-NOV-2002 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 68 Result: 1) The Memorandum of Agreement dated December 1992, between Cushman & Wake- field, INc. and Royal LePage Real Estate Services Ltd. and its annex (together, the "MOA") is hereby designated as confidential information, so that (a) the version of the MOA that is produced to counsel for Wakefield Realty Corporation, Gowling Lafleur Henderson LLP may redact all financial information, as well as details concerning financial reimbursement by one signatory to another; (b) unless Cushman & Wakefield INc. consents in writing, the MOA that is produced to Gowling Lafleur Henderson LLP shall not be disclosed to any third parties, including, without limitation, Wakefield Realty Corporation, other than the following parties (each of whom is designated as a"Receiving Party") (i) to staff and support personnel of Gowling .. who require acces to the MO for puroses of the appeals in Federal Court File Nos. T-229-01 and T-230-01 (ii) the Federal Court of Canada (iii) those employed by the Federal Court of Canada; and (iv) Mr. Howard Freeman. (c) The MOA shall be retained in confidence by the Receiving Party. (d) The MOA may not be reproduced, released, disclosed or used in any manner for any purpose other than the purpose of the appeals in Federal Court File Nos. T-229-01 and T-230-01, and this Order does not derogate from any underatakings implied by law. (e) Any copy of the MOA, or any document that contains or makes reference to information derived from or based on the MOA that is filed by a party with the Court in Federal Court Files T-229-01 and T-230-01 will be marked by the filing party as "CONFIDENTIAL - ACCESS RESTRICTED PURSUANT TO RESTRICTED ACCESS ORDER". The filing party shall ensure that such informatio is filed in a sealed envelope, which shall be endorsed by the filing party with the title of these appeals, and a statement in substantially the following form: "This envelope contains (identify the general nature of the document) which is filed in this case by (name of party), and is not to be opened or the contents thereof displayed or revealed except by Order of the Court". The filing party shall specifically identify the portions of such information that are considered confidential information. The Registry of this Court is directed to maintain kunder seal such portions of the infor- mation submitted to the Court in the action that have been so designated by the filing party, but shall otherwise have access to such information as required for processing purposes. (f) Within 60 days of the conclusion of the appeals in Federal Court File Nos. T-229-01 and T-230-01, and all available appeals, if any, all copies of the MOA, and any document that contains or makes reference to information derived from or based on the MOA, including all copies thereof held by any Receiving Party, shall be returned to counsel for Cushman & Wakefield, Inc. or shall be otherwise disposed of in a manner agreeable to the parties, or a otherwise ordered by the Court. (g) Nothing in this Order shall bar or otherwise restrict counsel for Wakefield Realty Corporation from rendering advice to Wakefield Realty Corporation with respect to the appeals in Federal Court File Nos. T-229-01 and T-230-01, and in the course thereof, referring to or relying upon his or her examination of the MOA; provided, however, that in rendering such advice and in otherwise communicating with Wakefield Realty Corporation, counsel for Wakefield Realty Corporation shall not disclose the contents of the MOA to anyone not authorized to receive such information, pursuant to the terms of this Order. 2. This Order is without costs. Filed on 22-NOV-2002 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 791 page(s) 114 - 116 Interlocutory Decision
Solicitor's certificate of service on behalf of Justine Whitehead confirming service of Doc. 68 upon Respondent by telecopier on 21-NOV-2002 filed on 21-NOV-2002
Notice of Motion on behalf of Applicant in writing on consent to be put before case management Judge for an Order designating certain information as confidential. filed on 21-NOV-2002 Draft Order\\Judgment received.
Letter from Defendant dated 21-NOV-2002 re: Parties submitting a revised draft order following this morning's CMC. received on 21-NOV-2002
Ottawa 21-NOV-2002 BEFORE Roza Aronovitch, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Parties are to re-submit another draft with amendments to the terms of the confidentiality order. held in chambers by way of Conference Call Duration per day: 21-NOV-2002 from 11:54 to 12:05 Courtroom : Judge's Chambers - Ottawa Court Registrar: Benoit Labelle Total Duration: 11min Appearances: Mr. David Aylen (416) 862-5792 representing Plaintiff Mr. Mirko Bibic (613) 566-0537 representing Defendant Minutes of Hearing entered in Vol. 616 page(s) 133 - 133 Abstract of Hearing placed on file
Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 21-NOV-2002 directing that "A case management conference call will be held Thursday, November 21, 2002 at 11:45 a.m. for a duration of 30 minutes." placed on file on 21-NOV-2002
Letter from Defendant dated 21-NOV-2002 re: Informing the Court that the parties have reach an agreement on the terms of a Confidentiality Order. Draft Confidentiality Order enclosed. received on 21-NOV-2002
Solicitor's certificate of service on behalf of ROHIT PAREKH confirming service of doc.66 upon Applicant by courier on 12-NOV-2002 filed on 12-NOV-2002
Motion Record containing the following original document(s): 63 64 65 Number of copies received: 3 on behalf of Respondent filed on 12-NOV-2002
Written Representations contained within a Motion Record on behalf of Respondent concerning Motion Doc. No. 63 filed on 12-NOV-2002
Affidavit of ROHIT PAREKH sworn on 12-NOV-2002 contained within a Motion Record on behalf of Respondent in support of Motion Doc. No. 63 with Exhibits A filed on 12-NOV-2002
Notice of Motion contained within a Motion Record on behalf of Respondent in writing to be dealt with in the Toronto local office for an extension of time to file the Respondent's Record filed on 12-NOV-2002
Ottawa 30-OCT-2002 BEFORE Roza Aronovitch, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Respondent will need to bring foward a motion for an extension of time to file its record and a motion for a confidentiality order. held by way of Conference Call in chambers Duration per day: 30-OCT-2002 from 03:15 to 03:45 Courtroom : Judge's Chambers - Ottawa Court Registrar: Benoit Labelle Total Duration: 30min Appearances: Mr. David Aylen (416) 862-5792 representing Plaintiff Mr. Mirko Bibic (613) 566-0537 representing Defendant Minutes of Hearing entered in Vol. 614 page(s) 410 - 413 Abstract of Hearing placed on file
Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 29-OCT-2002 directing that a case management teleconference will be held Wednesday Oct. 30th at 3:15 p. for approx. 1 hour placed on file on 29-OCT-2002
Letter from Applicant dated 28-OCT-2002 advising that they will attend a teleconference as per the Respondent's letter of October 23rd but that the dispute re the document is not as noted in Respondent's letter. received on 28-OCT-2002
Letter from Defendant dated 28-OCT-2002 seeking a teleconference to deal with an outstanding issue regarding an undertaking provided by the Applicant to produce a documents and which the Applicant now deems confidential. received on 28-OCT-2002
Order dated 15-OCT-2002 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 57 Result: granted - The Respondent shall be given until October 26, 2002 to serve and file its REspondent's Record. Filed on 15-OCT-2002 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 786 page(s) 123 - 123 Interlocutory Decision
Solicitor's certificate of service on behalf of Rohit Parekh confirming service of Doc 60 upon Applicant by personal service on 27-SEP-2002 filed on 27-SEP-2002
Motion Record containing the following original document(s): 57 58 59 Number of copies received: 3 on behalf of Respondent filed on 27-SEP-2002
Draft Order concerning Motion Doc. No. 57 received on 27-SEP-2002
Written Representations contained within a Motion Record on behalf of Respondent concerning Motion Doc. No. 57 filed on 27-SEP-2002
Affidavit of Rohit Parekh sworn on 27-SEP-2002 contained within a Motion Record on behalf of Respondent in support of Motion Doc. No. 57 with Exhibits A filed on 27-SEP-2002
Notice of Motion contained within a Motion Record on behalf of Respondent in writing to be dealt with in the Ottawa local office for an extension of time to file the Respondent's Record (file specially managed by Madame Aronovitch, P) filed on 27-SEP-2002
Solicitor's certificate of service on behalf of Justine Whitehead confirming service of 55 (Applicant's Record) upon Applicant by courier on 26-AUG-2002 filed on 26-AUG-2002
Letter from Applicant dated 26-AUG-2002 enclosing A's Record and Authorities and proof of service received on 26-AUG-2002
Book of Authorities consisting of 1 volume(s) on behalf of Applicant received on 26-AUG-2002
Application Record Number of copies received/prepared: 3 on behalf of Applicant filed on 26-AUG-2002 Document placed in Annexes F G H I
Order dated 18-JUN-2002 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion Doc. No. 47 Result: granted 8 The applicant is hereby granted an extension of time until August 26, 2002 in wich to serve and file the Applicant's Record; 2. The Respondent is hereby granted an extension of time until September 26, 2002 in which to serve and file the Respondent's Record 3) The Applicant is hereby granted an extension of time until October 7, 2002 in which to serve and file the Requisition for Hearing. 4) The Order is without costs. Filed on 19-JUN-2002 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 770 page(s) 334 - 335 Interlocutory Decision
Covering letter from Applicant dated 14-JUN-2002 concerning Doc. Nos. 52 53 placed on file on 14-JUN-2002
Consent on behalf of Respondent to service of the motion record by fax filed on 14-JUN-2002
Solicitor's certificate of service on behalf of Justine Whitehead confirming service of Motion record (Doc.51) upon Respondent by telecopier on 14-JUN-2002 filed on 14-JUN-2002
Motion Record containing the following original document(s): 47 48 49 50 Number of copies received: 3 on behalf of Applicant filed on 14-JUN-2002
Consent on behalf of Respondent to the Applicant's motion (Doc.47) filed on 14-JUN-2002
Written Representations contained within a Motion Record on behalf of Applicant concerning Motion Doc. No. 47 filed on 14-JUN-2002
Affidavit of Justine Whitehead sworn on 14-JUN-2002 contained within a Motion Record on behalf of Applicant in support of Motion Doc. No. 47 filed on 14-JUN-2002
Notice of Motion contained within a Motion Record on behalf of Applicant in writing to be placed before the Court in Ottawa for an Order allowing the Applicant an extension of time to serve and file the Applicant's record, with consequent extensions of time for service and filing of the Respondent's record and the Requisition for Hearing filed on 14-JUN-2002
Order dated 08-MAY-2002 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion Doc. No. 40 Result: granted ... Applicant to file Record by June 24, 2002; ... Respondent to file Record by July 24, 2002; Applicant to request hearing by Aug. 5, 2002. Filed on 08-MAY-2002 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 765 page(s) 139 - 140 Interlocutory Decision
Covering letter from Applicant dated 06-MAY-2002 concerning Motion Record placed on file on 06-MAY-2002
Solicitor's certificate of service on behalf of Mirko Bibic, counsel for the Applicant confirming service of Motion Record Doc #44 upon Respondent by telecopier on 06-MAY-2002 filed on 06-MAY-2002
Motion Record containing the following original document(s): 40 41 42 43 Number of copies received: 3 on behalf of Applicant filed on 06-MAY-2002
Consent on behalf of Respondent to Motion Document # 40 filed on 06-MAY-2002
Written Representations contained within a Motion Record on behalf of Applicant concerning Motion Doc. No. 40 filed on 06-MAY-2002
Affidavit of Justine Whitehead sworn on 06-MAY-2002 contained within a Motion Record on behalf of Applicant in support of Motion Doc. No. 40 filed on 06-MAY-2002
Notice of Motion contained within a Motion Record on behalf of Applicant with attached supporting affidavit of Justine Whitehead in writing to be placed before the Court in Ottawa for an extension of time to file the Applicant's Record, with cosequent extensions of the deadlines for the service and filing if the Respondent's Record and the Requistion for Hearing filed on 06-MAY-2002
Solicitor's certificate of service on behalf of David Aylen confirming service of 37 38 upon Applicant by process server on 08-MAR-2002 filed on 08-MAR-2002
Affidavit of K. Enis Davis sworn on 07-MAR-2002 on behalf of Respondent in opposition to Motion Doc. No. 1 with Exhibits KED-1 to KED-5 filed on 08-MAR-2002
Affidavit of Howard Freeman (3 volumes) sworn on 07-MAR-2002 on behalf of Respondent in opposition to Motion Doc. No. 1 with Exhibits HF-1 to HF-19 filed on 08-MAR-2002
Order dated 06-MAR-2002 rendered by The Honourable Mr. Justice Lutfy A.C.J. Matter considered without personal appearance The Court's decision is with regard to Order dated 06-FEB-2002 Result: Mr. Justice Hugessen is designated as Case Management Judge and Madam Prothonotary Aronovitch will assist in the management of this matter Filed on 06-MAR-2002 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 756 page(s) 370 - 370 Interlocutory Decision
Order dated 06-FEB-2002 rendered by The Honourable Mr. Justice Pinard Matter considered without personal appearance The Court's decision is with regard to Status Review Result: it is ordered that the proceeding be allowed to continue as a specially managed proceeding. The parties shall move forward in accordance with the proposed timeline set out in the applicant's letter of December 14, 2001 Filed on 06-FEB-2002 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 752 page(s) 378 - 378 Interlocutory Decision
Affidavit of service of Robin Goodyear sworn on 20-DEC-2001 on behalf of Respondent confirming service of doc. no. 33 upon Applicant by telecopier on 20-DEC-2001 filed on 21-DEC-2001
Submissions (Rule 380) on behalf of Respondent filed on 21-DEC-2001
Covering letter from Applicant dated 14-DEC-2001 concerning Doc. No. 31 placed on file on 14-DEC-2001
Solicitor's certificate of service on behalf of Justine Whitehead confirming service of doc. 31 upon Respondent by telecopier on 14-DEC-2001 filed on 14-DEC-2001
Submissions (Rule 380) on behalf of Applicant filed on 14-DEC-2001
Notice of Status Review by The Honourable Mr. Justice Lutfy A.C.J. to the parties and their solicitors requiring the Applicant to show cause by written submissions to be served and filed no later than 14-DEC-2001 why this application should not be dismissed for delay Filed on 05-NOV-2001 cc's sent to parties
Letter from Applicant dated 04-MAY-2001 re: Enclosing for filing resworn copies of the Affidavits of Mindy Klasky, Robert E. Dickey, Celine Clarke and Supplementary Affidavit of Celine Clarke pursuant to the Order of Prothonotary Aronovitch dated 26-APR-2001 received on 04-MAY-2001
Solicitor's certificate of service on behalf of Justine Whitehead confirming service of Affidavits of Mindy L. Klasky, Robert E. Dickey, Celine Clarke and Supplementary Affidavit of Celine Clarke (DOC. Nos. 25, 26, 27, 28) upon Respondent by courier on 04-MAY-2001 filed on 04-MAY-2001
Supplementary Affidavit of Celine Clarke sworn on 25-APR-2001 on behalf of Applicant in support of Motion Doc. No. 1 with Exhibits "F" filed on 04-MAY-2001
Affidavit of Celine Clarke sworn on 10-APR-2001 on behalf of Applicant in support of Motion Doc. No. 1 with Exhibits "A" to "E" filed on 04-MAY-2001
Affidavit of Robert E. Dickey sworn on 09-APR-2001 on behalf of Applicant in support of Motion Doc. No. 1 with Exhibits "A" and "B" filed on 04-MAY-2001
Affidavit of Minday L. Klasky sworn on 09-APR-2001 on behalf of Applicant in support of Motion Doc. No. 1 with Exhibits "A" and "B" filed on 04-MAY-2001
Order dated 26-APR-2001 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 18 Result: granted Filed on 30-APR-2001 entered in J. & O. Book, volume 710 page(s) 37 - 38 Interlocutory Decision
Letter from Applicant dated 30-MAR-2001 re: counsel will arrange to have the Affidavits of Mindy Klasky, Robert E. Dickey, Celine Clark and the Supplemental Affidavit of Celine Clark resworn and will file a written motion for an extension of time in which to file the said affidavits. received on 30-MAR-2001
Covering letter from Applicant dated 10-APR-2001 concerning Doc. No. 22 placed on file on 10-APR-2001
Solicitor's certificate of service on behalf of Justine Whitehead confirming service of 22 upon Respondent by telecopier on 10-APR-2001 filed on 10-APR-2001
Motion Record containing the following original document(s): 18 19 20 21 Number of copies received: 3 on behalf of Applicant filed on 10-APR-2001
Consent on behalf of Respondent to doc 18 filed on 10-APR-2001
Written Submissions contained within a Motion Record on behalf of Applicant concerning Motion Doc. No. 18 filed on 10-APR-2001
Affidavit of Justine Whitehead sworn on 10-APR-2001 contained within a Motion Record on behalf of Applicant in support of Motion Doc. No. 18 with Exhibits A filed on 10-APR-2001
Notice of Motion contained within a Motion Record on behalf of Applicant in writing to be placed before the Court in Ottawa for an Order allowing the Applicant to file resworn copies of affidavits received by FCT on March 26,2001 filed on 10-APR-2001 Draft Order\\Judgment received.
Written directions received from the Court: The Honourable Mr. Justice Pinard dated 28-MAR-2001 directing that "Rule 80(3) must be complied with." (Note from M.Kowalchuk: This pertains to the exhibits to the Affidavits that had not been sworn.) placed on file on 29-MAR-2001
Covering letter from Applicant dated 26-MAR-2001 concerning Doc. Nos. 13 14 15 16 17 placed on file on 26-MAR-2001
Solicitor's certificate of service on behalf of Justine Whitehead confirming service of 13, 14, 15 & 16 upon Respondent by courier on 23-MAR-2001 filed on 26-MAR-2001
Affidavit of Wayne Mondville sworn on 22-MAR-2001 on behalf of Plaintiff in support of application (doc. 1) with Exhibits "A" & "B" filed on 26-MAR-2001
Affidavit of Sarah Langdon sworn on 22-MAR-2001 on behalf of Plaintiff in support of application (doc. 1) with Exhibits "A" to "Q" filed on 26-MAR-2001
Affidavit of John Coppedge sworn on 22-MAR-2001 on behalf of Plaintiff in support of application (doc. 1) filed on 26-MAR-2001
Affidavit of Robert W. White sworn on 23-MAR-2001 on behalf of Applicant in support of Application (doc. 1) with Exhibits "A" to "I" filed on 26-MAR-2001
Consent on behalf of Respondent to pursuant to Rule 7 an extenion of time of a further 15 days within which the Applicant may file evidence. filed on 26-MAR-2001
Order dated 19-MAR-2001 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 5 Result: granted 1. T-229-01 is hereby consolidated with T-230-01, so that: (a) A copy of this Order shall be placed on both T-229-01 and T-230-01, and no further documents need to be filed in T-229-01; (b) All evidence served and file in respect of T-230-01 shall be considered to have been served and filed in respect of T-229-01 as well; (c) Transcripts of cross-examination (if any) filed in respect of T-230-01 shall be considered to have been filed in respect of T-229-01 as well; (d) Both the applicant's record and respondent's record that are served and filed in T-230-01 shall be considered to have been served and filed in T-229-01 as well; (e) A single requisition for hearing with respect to T-230-01 and T-229-01 shall be filed; (f) T-230-01 and T-229-01 shall be heard together; (g) Subject to the discretion of the presiding Judge, a single decision (dealing with the issues raised in the Notices of Application filed in both T-230-01 and T-229-01) shall be issued, and placed on each file. Filed on 20-MAR-2001 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 700 page(s) 493 - 494 Interlocutory Decision
Letter from Applicant dated 15-MAR-2001 re: attached draft order received on 15-MAR-2001
Written directions received from the Court: Roza Aronovitch, Prothonotary dated 12-MAR-2001 directing that request a revised draft order as to manner of consolidation of pleadings and process which is sought. Is it simply a request to file a single record once or have the matters heard together? placed on file on 12-MAR-2001
Certified Copy of Original File relating to trade mark(s) CUSHAM & WAKEFIELD DESIGN App. No. 758,127 (plus envelope of affidavits) received from Registrar of Trade Marks on 09-MAR-2001 placed on file on this file
Covering letter from Applicant dated 01-MAR-2001 concerning Doc. No. 9 placed on file on 01-MAR-2001
Solicitor's certificate of service on behalf of Justine Whitehead confirming service of 9 upon Respondent by telecopier on 01-MAR-2001 filed on 01-MAR-2001
Motion Record containing the following original document(s): 5 6 7 8 Number of copies received: 3 on behalf of Plaintiff filed on 01-MAR-2001
Consent on behalf of Respondent to 5 filed on 01-MAR-2001
Written Representations on behalf of Applicant concerning Motion in writing Doc. No. 5 filed on 01-MAR-2001
Affidavit of Nicole Brousseau sworn on 01-MAR-2001 contained within a Motion Record on behalf of Applicant in support of Motion Doc. No. 5 with Exhibits A B filed on 01-MAR-2001
Notice of Motion contained within a Motion Record on behalf of Applicant with attached supporting affidavit of Nicole Brousseau in writing to be placed before the Court in Ottawa for an Order consolidating T-229-01 and T-230-01 filed on 01-MAR-2001 Draft Order\\Judgment received.
Solicitor's certificate of service on behalf of David A. Aylen confirming service of doc. #3 upon Applicant by telecopier on 20-FEB-2001 filed on 20-FEB-2001
Notice of appearance on behalf of Respondent filed on 20-FEB-2001
Covering letter from Applicant dated 19-FEB-2001 concerning Doc. No. 2 placed on file on 19-FEB-2001
Affidavit of service of Robert McFater sworn on 16-FEB-2001 on behalf of Applicant confirming service of the Notice of Application (Doc.1) upon Respondent by personal service on 15-FEB-2001 filed on 19-FEB-2001
Covering letter from Applicant dated 08-FEB-2001 concerning Doc. No. 1 placed on file on 08-FEB-2001
Notice of application with regard to Trade Marks Opposition Board filed on 08-FEB-2001 Tariff fee of $50.00 received: yes
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