Maple Leaf Food Inc. v. Consorzio Del Prosciutto Di Parma

Maple Leaf Food Inc. v. Consorzio Del Prosciutto Di Parma
Court (s) Database
Federal Court of Appeal Decisions
Date
2010-09-27
Neutral citation
2010 FCA 247
File numbers
A-460-09
Decision Content
Federal Court of Appeal
Cour d'appel fédérale
Date: 20100927
Docket: A-460-09
Citation: 2010 FCA 247
CORAM: NADON J.A.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
MAPLE LEAF FOODS INC.
Appellant
and
CONSORZIO DEL PROSCIUTTO DI PARMA
Respondent
Heard at Toronto, Ontario, on September 27, 2010.
Judgment delivered from the Bench at Toronto, Ontario, on September 27, 2010.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Federal Court of Appeal
Cour d'appel fédérale
Date: 20100927
Docket: A-460-09
Citation: 2010 FCA 247
CORAM: NADON J.A.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
MAPLE LEAF FOODS INC.
Appellant
and
CONSORZIO DEL PROSCIUTTO DI PARMA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on September 27, 2010)
SHARLOW J.A.
[1] We are all of the opinion that we have no basis for intervening in the decision of Justice Simpson (2009 FC 1035) to dismiss the appellant’s application for judicial review on the basis that it was not commenced on a timely basis. It is not necessary for us to express an opinion on whether the application could also have been dismissed as an abuse of process.
[2] We note that the appellant’s design trade-mark application is still pending before the Registrar. If that application is refused because, among other things, of the “official mark” that was the subject of the section 9 notice in 1998 recognizing the respondent as a “public authority in Canada”, it will be open to the appellant to appeal that refusal, and in that appeal to raise the issue of the validity of the respondent’s “official mark” in light of the decision of this Court in Canada Post Corp. v. United States Postal Services, 2007 FCA 10 (affirming Canada Post Corp. v. United States Postal Service (F.C.), [2006] 3 F.C.R. 28, 2005 FC 1630).
[3] For these reasons, the appeal will be dismissed with costs.
"K. Sharlow"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-460-09
(APPEAL FROM AN ORDER OF THE HONOURABLE MADAM JUSTICE SIMPSON OF THE FEDERAL COURT, DATED OCTOBER 15, 2009, IN DOCKET NO. T-1057-08)
STYLE OF CAUSE: MAPLE LEAF FOODS INC. v.
CONSORZIO DEL PROSCIUTTO DI PARMA
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: September 27, 2010
REASONS FOR JUDGMENT OF THE COURT BY: (NADON, SEXTON & SHARLOW JJ.A.)
DELIVERED FROM THE BENCH BY: SHARLOW J.A.
APPEARANCES:
James Buchan
FOR THE APPELLANT
Brian D. Edmonds
Daniel Glover
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Gowling LaFleur Henderson LLP
Barristers & Solicitors
Toronto, ON
FOR THE APPELLANT
McCarthy Tetrault LLP
Barristers & Solicitors
Toronto, ON
FOR THE RESPONDENT