BBM Canada v. Research in Motion Limited

BBM Canada v. Research in Motion Limited

Under Federal Courts Rules Rule 61(1) proceedings must be commenced by action unless statute specifically allows an application; the Trade-marks Act does not provide a general statutory basis to commence infringement and unfair competition proceedings by application and section 55 contemplates actions, therefore the proceeding must proceed by way of an action with pleadings and case management.

Citation
2010 FC 986
Parties
Applicant: BBM Canada; Respondent: Research In Motion Limited
Court
Federal Court
Jurisdiction
Canada
Judgment Date
4 October 2010
Procedural Posture
Trade Mark Infringement; Unfair Competition / Pre Trial: Motion to Convert Application to Action; Case Management
Outcome
Application converted to proceed by way of action; matter to be case managed and Defence to be filed within a fixed time.
Legal Topics
Procedural Form: Application Vs Action, Interpretation of Federal Courts Rules Rule 61, Jurisdiction Under Trade Marks Act Section 55, Case Management and Interlocutory Relief
Source Language
English
Intellectual Property Trade Marks Civil Procedure Procedural Form: Application Vs Action Interpretation of Federal Courts Rules Rule 61 Jurisdiction Under Trade Marks Act Section 55 Case Management and Interlocutory Relief

Case Brief

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Parties

BBM Canada

Applicant

Research In Motion Limited

Respondent

Procedural Posture

Trade Mark Infringement; Unfair Competition / Pre Trial: Motion to Convert Application to Action; Case Management

Legal Issues

  1. 1 Whether proceedings alleging trade-mark infringement and unfair competition can be commenced by way of application or must be commenced by way of action
  2. 2 Whether the Trade-marks Act contains a statutory provision permitting commencement by application for general infringement claims
  3. 3 Application of Federal Courts Rules, Rule 61(1) and Rule 61(4)

Ratio Decidendi

Under Federal Courts Rules Rule 61(1) proceedings must be commenced by action unless statute specifically allows an application; the Trade-marks Act does not provide a general statutory basis to commence infringement and unfair competition proceedings by application and section 55 contemplates actions, therefore the proceeding must proceed by way of an action with pleadings and case management.

Court Disposition

Application converted to proceed by way of action; matter to be case managed and Defence to be filed within a fixed time.

Orders

  • Proceedings to proceed by way of action (Notice of Application to be treated/re-titled as Statement of Claim where appropriate).
  • Respondent to file and serve a Defence (and any counterclaim) within the fixed time specified in the Order.