Oakley Inc. v. Shoppers Drug Mart Inc.
Court headnote
Oakley Inc. v. Shoppers Drug Mart Inc. Court (s) Database Federal Court of Appeal Decisions Date 2004-11-30 Neutral citation 2004 FCA 404 File numbers A-136-04 Decision Content Date: 20041130 Docket: A-136-04 Citation: 2004 FCA 404 CORAM: ROTHSTEIN J.A. NOËL J.A. MALONE J.A. BETWEEN: OAKLEY, INC. and OAKLEY CANADA INC. Appellants and SHOPPERS DRUG MART INC. Respondent Heard at Toronto, Ontario, on November 30th, 2004. Judgment delivered from the Bench at Toronto, Ontario, on November 30th, 2004. REASONS FOR JUDGMENT OF THE COURT BY: MALONE J.A. Date: 20041130 Docket: A-136-04 Citation: 2004 FCA 404 CORAM: ROTHSTEIN J.A. NOËL J.A. MALONE J.A. BETWEEN: OAKLEY, INC. and OAKLEY CANADA INC. Appellants and SHOPPERS DRUG MART INC. Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on November 30th, 2004) MALONE J.A. [1] The appellant has failed to identify any grounds upon which this Court could interfere with the exercise of discretion by O'Keefe J. in refusing to grant summary judgment and to refer the matter for trial. [2] The respondent should have its costs on appeal. [3] As the matter of costs before O'Keefe J. is the subject of a motion for reconsideration which remains under reserve, we decline to make any order in that regard. "B. Malone" J.A. FEDERAL COURT of APPEAL Names of Counsel and Solicitors of Record DOCKET: A-136-04 STYLE OF CAUSE: OAKLEY INC and OAKLEY CANADA INC Appellants and SHOPPERS DRUG MART INC. Respondent PLACE OF HE…
Read full judgment
Oakley Inc. v. Shoppers Drug Mart Inc. Court (s) Database Federal Court of Appeal Decisions Date 2004-11-30 Neutral citation 2004 FCA 404 File numbers A-136-04 Decision Content Date: 20041130 Docket: A-136-04 Citation: 2004 FCA 404 CORAM: ROTHSTEIN J.A. NOËL J.A. MALONE J.A. BETWEEN: OAKLEY, INC. and OAKLEY CANADA INC. Appellants and SHOPPERS DRUG MART INC. Respondent Heard at Toronto, Ontario, on November 30th, 2004. Judgment delivered from the Bench at Toronto, Ontario, on November 30th, 2004. REASONS FOR JUDGMENT OF THE COURT BY: MALONE J.A. Date: 20041130 Docket: A-136-04 Citation: 2004 FCA 404 CORAM: ROTHSTEIN J.A. NOËL J.A. MALONE J.A. BETWEEN: OAKLEY, INC. and OAKLEY CANADA INC. Appellants and SHOPPERS DRUG MART INC. Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on November 30th, 2004) MALONE J.A. [1] The appellant has failed to identify any grounds upon which this Court could interfere with the exercise of discretion by O'Keefe J. in refusing to grant summary judgment and to refer the matter for trial. [2] The respondent should have its costs on appeal. [3] As the matter of costs before O'Keefe J. is the subject of a motion for reconsideration which remains under reserve, we decline to make any order in that regard. "B. Malone" J.A. FEDERAL COURT of APPEAL Names of Counsel and Solicitors of Record DOCKET: A-136-04 STYLE OF CAUSE: OAKLEY INC and OAKLEY CANADA INC Appellants and SHOPPERS DRUG MART INC. Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: NOVEMBER 30, 2004 REASONS FOR JUDGMENT OF THE COURT: (ROTHSTEIN J.A., NOËL J.A., & MALONE J.A.) DELIVERED FROM THE BENCH BY: MALONE J.A. APPEARANCES BY: Mr. Kenneth McKay FOR THE APPELLANTS Mr. Steven Garland Mr. Kevin Graham FOR THE RESPONDENT SOLICITORS OF RECORD: Sim, Hughes, Ashton, McKay Toronto, Ontario FOR THE APPELLANTS Smart & Biggar Ottawa, Ontario FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca