Decision

SSE Holdings, LLC v. Le Chic Shack Inc., 2020 FC 983

Justice Gascon - 2020-10-05

Read full decision. Automatically generated summary:

In 2017, the Plaintiffs, [Shake Shack] brought an action for trademark infringement against [Chic Shack]. In 2019, as the matter was progressing towards trial, the parties agreed to enter into a Court-assisted mediation governed by Rules 387 to 389 of the Federal Courts Rules. A mediation session presided by Prothonotary Steele – who also acts as the case management judge in this proceeding – took place on December 18, 2019. Shake Shack is of the view that, at the end of the Mediation Session, the parties had an agreement to settle the action. Chic Shack disagrees and denies that any settlement was reached at the mediation or afterwards. ... Further to my review of the parties’ written and oral submissions and materials, I am not satisfied that Shake Shack has presented clear and convincing evidence sufficient to satisfy the Court, on a balance of probabilities, that a settlement agreement on the terms alleged by Shake Shack has been reached by the parties at the end of the Court-assisted Mediation Session.

Decision relates to:

  • T-917-17 - SSE HOLDINGS, LLC ET AL v. LE CHIC SHACK INC.

 

Canadian Intellectual Property