Vermillion Networks Inc. v. Cenovus Enegery Inc., 2024 FC 779
Justice Fuhrer - 2024-05-23
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In the case, the Applicant appealed the dismissal of its motion for leave to file additional evidence in trademark expungement proceedings against the Respondent. The Applicant argued that the additional evidence was crucial and relevant, while the Respondent contended that the evidence was unnecessary and would delay the proceedings. The Court found that the Applicant failed to demonstrate any reversible errors in the Associate Judge's decision to dismiss the motion. The Court outlined the legal principles governing the admission of new evidence under subrule 84(2) and emphasized that parties must present their best case early in the proceedings. It concluded that the Associate Judge appropriately considered factors such as relevance, prejudice to the opposing party, and the interests of justice in denying the motion. Ultimately, the Court upheld the dismissal of the Applicant's motion.
Decision relates to:
- T-533-19 - VERMILLION NETWORKS INC. v. CENOVUS ENERGY INC.