Maple Leaf Food Inc. v. Consorzio Del Prosciutto Di Parma
There was no basis for the Federal Court of Appeal to intervene in Justice Simpson's dismissal of the appellant's judicial review application for lack of timeliness; therefore the appeal is dismissed with costs.
Source-derived case information.
- Citation
- 2010 FCA 247
- Parties
- Appellant: Maple Leaf Foods Inc.; Respondent: Consorzio Del Prosciutto Di Parma
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 27 September 2010
- Procedural Posture
- Judicial Review Appeal / Appeal Dismissed by Federal Court of Appeal for Lack of Timeliness
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Judicial Review, Timeliness, Official Mark, Design Trade Mark Application, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maple Leaf Foods Inc.
Appellant
Consorzio Del Prosciutto Di Parma
Respondent
Procedural Posture
Judicial Review Appeal / Appeal Dismissed by Federal Court of Appeal for Lack of Timeliness
Legal Issues
- 1 Whether the application for judicial review was commenced within the applicable time and therefore timely
- 2 Whether the Federal Court should have intervened in Justice Simpson's refusal to extend or excuse lateness
- 3 Whether the application could alternatively be dismissed as an abuse of process
Ratio Decidendi
There was no basis for the Federal Court of Appeal to intervene in Justice Simpson's dismissal of the appellant's judicial review application for lack of timeliness; therefore the appeal is dismissed with costs.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
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