Boubala v. Khwaja, 2023 FC 658

Justice St-Louis - 2023-05-10

Read full decision. Automatically generated summary:

Instead, in their Memorandum of Fact and Law, the Applicants raise one issue and seek two reliefs, all entirely new. Hence, they submit that the sole question in issue is to determine if the Applicants have the right to register and to use the trademark “Lazare’s BBQ House” and they seek an Order confirming: (a) that the Applicants have the right to register the trademark “Lazare’s BBQ House”; (b) that the Respondents have no title or no rights in the trademark “Lazare’s BBQ House”; (c) such other relief that this Court deems just and equitable. ... For the following reasons, the Application will be dismissed. I already found that the Applicants have abandoned the reliefs they initially sought and on the other issues, I conclude that (1) the new Boubala affidavit of November 16, 2022, is inadmissible; (2) the new reliefs requested in the Applicants’ Memorandum are not ancillary to the reliefs in the Notice of Application; the new reliefs sought are improperly before the Court and cannot be entertained; and (3) even if these new reliefs were properly before the Court, the Court could not entertain them as it lacks jurisdiction to do so. Finally, I will award costs to the Respondents in the form of a lump sum, outside the realm of the Tariff and, because of the conduct of the Applicants, will fix this award to 50% of the actual legal fees incurred by the Respondents plus 100% of the disbursements incurred and the applicable taxes.

Decision relates to:



Canadian Intellectual Property