Bank of Nova Scotia v. B-Filer Inc.

Bank of Nova Scotia v. B-Filer Inc.
Court (s) Database
Federal Court of Appeal Decisions
Date
2006-06-20
Neutral citation
2006 FCA 232
File numbers
A-544-05
Decision Content
Date: 20060620
Docket: A-544-05
Citation: 2006 FCA 232
CORAM: NOËL J.A.
NADON J.A.
SEXTON J.A.
BETWEEN:
THE BANK OF NOVA SCOTIA
Appellant
and
B-FILER INC., B-FILER INC. doing business as
GPAY GUARANTEED PAYMENT and NPAY INC.
Respondents
Heard at Toronto, Ontario, on June 20, 2006.
Judgment delivered from the Bench at Toronto, Ontario, on June 20, 2006.
REASONS FOR JUDGMENT OF THE COURT BY: SEXTON J.A.
Date: 20060620
Docket: A-544-05
Citation: 2006 FCA 232
CORAM: NOËL J.A.
NADON J.A.
SEXTON J.A.
BETWEEN:
THE BANK OF NOVA SCOTIA
Appellant
and
B-FILER INC., B-FILER INC. doing business as
GPAY GUARANTEED PAYMENT and NPAY INC.
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on June 20, 2006)
SEXTON J.A.
[1] Notwithstanding the able argument by Mr. Morrison, we are all of the view this appeal cannot succeed. As pointed out by this Court in the Barcode case (Barcode Systems Inc. v. Symbol Technologies Canada ULC, [2004] F.C.J. No. 1657) at para. 17:
¶ 17 The threshold for an applicant obtaining leave is not a difficult one to meet. It need only provide sufficient credible evidence of what is alleged to give rise to a bona fide belief by the Tribunal. This is a lower standard of proof than proof on a balance of probabilities which will be the standard applicable to the decision on the merits.
[2] Keeping this in mind, we are all of the view that Simpson J. committed no reviewable error when she concluded that from her analysis that "there is sufficient credible evidence to give rise to a bona fide belief that the elements of section 75 could be satisfied."
[3] The appeal will therefore be dismissed with costs.
"J. Edgar Sexton"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-544-05
(APPEAL FROM A JUDGMENT OF THE COMPETITION TRIBUNAL DATED NOVEMBER 4, 2005)
STYLE OF CAUSE: THE BANK OF NOVA SCOTIA v.
B-FILER INC., B-FILER INC. doing
business as GPAY GUARANTEED
PAYMENT and NPAY INC.
PLACE OF HEARING: Toronto, ON
DATE OF HEARING: June 20, 2006
REASONS FOR JUDGMENT
OF THE COURT BY: (NOËL, NADON & SEXTON J.J. A.)
DELIVERED FROM THE BENCH: SEXTON J.A.
APPEARANCES:
F. Paul Morrison
Tanya Pagliaroli
For the Appellant
Michael Osborne
Jennifer Cantwell
Sharon Dalton
For the Respondents
SOLICITORS OF RECORD:
McCARTHY TÉTRAULT LLP
Barristers and Solicitors
Toronto, ON
For the Appellant
AFFLECK GREENE ORR LLP
Barristers and Solicitors
Toronto, ON
For the Respondents