Tequila Cuervo, S.A. v. Empresa Cubana del Tabaco
The appeal was dismissed because the Court found no error in the trial judge's appreciation of the evidence and therefore no basis for appellate interference.
Source-derived case information.
- Citation
- 2015 FCA 15
- Parties
- Appellant: TEQUILA CUERVO, S.A. DE C.V.; Respondent: EMPRESA CUBANA DEL TABACO, trading also as CUBATABACO and CORPORATION HABANOS S.A.
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 21 January 2015
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Standard of Review, Appreciation of Evidence, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
TEQUILA CUERVO, S.A. DE C.V.
Appellant
EMPRESA CUBANA DEL TABACO, trading also as CUBATABACO and CORPORATION HABANOS S.A.
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 whether the trial judge erred in her appreciation of the evidence
- 2 whether appellate intervention was warranted
Ratio Decidendi
The appeal was dismissed because the Court found no error in the trial judge's appreciation of the evidence and therefore no basis for appellate interference.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Tequila Cuervo, S.A. v. Empresa Cubana del Tabaco Court (s) Database Federal Court of Appeal Decisions Date 2015-01-21 Neutral citation 2015 FCA 15 File numbers A-367-13 Decision Content Date: 20150121 Docket: A-367-13 Citation: 2015 FCA 15 CORAM: NOËL C.J. SCOTT J.A. BOIVIN J.A. BETWEEN: TEQUILA CUERVO, S.A. DE C.V. Appellant and EMPRESA CUBANA DEL TABACO, TRADING ALSO AS CUBATABACO AND CORPORATION HABANOS S.A. Respondents Heard at Ottawa, Ontario, on January 21, 2015. Judgment delivered from the Bench at Ottawa, Ontario, on January 21, 2015. REASONS FOR JUDGMENT OF THE COURT BY: NOËL C.J. Date: 20150121 Docket: A-367-13 Citation: 2015 FCA 15 CORAM: NOËL C.J. SCOTT J.A. BOIVIN J.A. BETWEEN: TEQUILA CUERVO, S.A. DE C.V. Appellant and EMPRESA CUBANA DEL TABACO, TRADING ALSO AS CUBATABACO AND CORPORATION HABANOS S.A. Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on January 21, 2015). NOËL C.J. [1] Although the appellant in its Memorandum of Fact and Law has raised numerous grounds of appeal, it became apparent during the hearing that the only contention is that the Federal Court judge erred in her appreciation of the evidence. [2] We are satisfied that no such error has been committed. [3] The appeal will be dismissed with costs. “Marc Noël” Chief Justice FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A-367-13 APPEAL FROM A JUDGMENT OF THE HONOURABLE MADAM JUSTICE SNIDER DATED OCTOBER 4, 2013, DOCKET NO. T-1867-08 STYLE OF CAUSE: TEQUILA CUERVO, S.A. DE C.V. v. EMPRESA CUBANA DEL TABACO, TRADING ALSO AS CUBATABACO AND, CORPORATION HABANOS S.A. PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: January 21, 2015 REASONS FOR JUDGMENT OF THE COURT BY: NOËL C.J. SCOTT J.A. BOIVIN J.A. DELIVERED FROM THE BENCH BY: NOËL C.J. APPEARANCES: Chantal Bertosa For The Appellant Jonathan Roch For The Respondents SOLICITORS OF RECORD: SHAPIRO COHEN Ottawa, Ontario For The Appellant MBM Intellectual Property Law LLP Ottawa, Ontario For The Respondents