Tractor Supply Co. of Texas v. TSC Stores L.P.

Tractor Supply Co. of Texas v. TSC Stores L.P. Court (s) Database Federal Court of Appeal Decisions Date 2011-02-07 Neutral citation 2011 FCA 46 File numbers A-331-10 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20110207 Docket: A-331-10 Citation: 2011 FCA 46 CORAM: NOËL J.A. EVANS J.A. SHARLOW J.A. BETWEEN: TRACTOR SUPPLY CO. OF TEXAS, LP AND TRACTOR SUPPLY COMPANY Appellants and TSC STORES L.P. Respondent Heard at Toronto, Ontario, on February 7, 2011. Judgment delivered from the Bench at Toronto, Ontario, on February 7, 2011. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20110207 Docket: A-331-10 Citation: 2011 FCA 46 CORAM: NOËL J.A. EVANS J.A. SHARLOW J.A. BETWEEN: TRACTOR SUPPLY CO. OF TEXAS, LP AND TRACTOR SUPPLY COMPANY Appellants and TSC STORES L.P. Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on February 7, 2011) NOËL J.A. [1] This is an appeal from an order of Mactavish J. of the Federal Court (the Motions Judge) dismissing a motion to stay two opposition proceedings before the Trade-marks Opposition Board (the Board) until the final disposition of a related action presently pending before the Federal Court. [2] The Motions Judge denied the stay for a number of reasons. After a lengthy analysis, she concluded that the appellants had failed to satisfy her that it would be in the interest of Justice to stay the proceedings before the Board (Section 50 of the Federal Courts Act R.S., 1985, c. F-7). She came to this conclusion on the basis of the test stated in White v. E.B.F. Manufacturing Ltd., [2001] F.C.J. No. 1073 at para.5. She added that she would have reached the same conclusion applying the three prong test set out in RJR–MacDonald v. Canada (Attorney General), [1994] 1 S.C.R. 311. [3] No error of principle is alleged and we are unable to detect a palpable and overriding error nor has it been established that the Motions Judge reached her decision on the basis of irrelevant factors or that she failed to have regard to relevant factors. [4] The appeal will be dismissed with costs. “Marc Noël” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-331-10 (APPEAL FROM THE ORDER OF THE HONOURABLE MADAM JUSTICE MACTAVISH OF THE FEDERAL COURT DATED SEPTEMBER 8, 2010, DOCKET NO. T-1804-07 INTERLOCUTORY DOC. 92) STYLE OF CAUSE: TRACTOR SUPPLY CO. OF TEXAS, LP AND TRACTOR SUPPLY COMPANY v. TSC STORES L.P. PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: February 7, 2011 REASONS FOR JUDGMENT OF THE COURT BY: (NOËL, EVANS & SHARLOW JJ.A.) DELIVERED FROM THE BENCH BY: NOËL J.A. APPEARANCES: Clifford I. Cole Kevin Sartorio FOR THE APPELLANTS Shawn D. Jacka Mark L. Robbins FOR THE RESPONDENT SOLICITORS OF RECORD: GOWLING LAFLEUR HENDERSON LLP Barristers & Solicitors Toronto, Ontario FOR THE APPELLANTS BERESKIN & PARR LLP Barristers and Solicitors Toronto, Ontario FOR THE RESPONDENT