Federal Court Decisions

Date: 20060113

Docket: T-95-03

Citation: 2006 FC 29

IN THE MATTER OF AN INFRINGEMENT BY

EDMONTONBLOCK PARENT ASSOCIATION

- and -

IN THE MATTER OF SECTION 53.2 OF THE

TRADE-MARKS ACT(R.S.C. 1985, C. T-13)

BETWEEN:

BLOCK PARENT PROGRAM OF CANADA INC.

Applicant

- and -

THE EDMONTONBLOCK PARENT ASSOCIATION

Respondent

AND BETWEEN:

THE EDMONTONBLOCK PARENT ASSOCIATION

Plaintiff by Counterclaim

- and -

BLOCK PARENT PROGRAM OF CANADA INC. and

THE ALBERTABLOCK PARENT ASSOCIATION

Defendants by Counterclaim

REASONS FOR ORDER AND ORDER

HUGESSEN J.

[1]                To the extent that the plaintiff's Rule 369 motion seeks to strike out the Statement of Defence and Counterclaim, to which motion the defendant has not responded other than to seek a further delay (which is hereby refused), the motion is allowed and the said pleadings will be struck.

[2]                To the extent that the said motion seeks other relief on the merits, the Court's case law under Rule 210 requires that evidence be produced to support a default judgment; the affidavit produced herein does not supply such evidence and the motion will be otherwise dismissed with leave to the plaintiff to move again if so advised.

ORDER

THIS COURT ORDERS that:

1.                   The statement of Defence and Counterclaim are struck.

2.                   The plaintiff has leave to move again for judgment on the merits if so advised.

"James K. Hugessen"

Ottawa, Ontario

Signed this 13^th day of January 2006

FEDERAL COURT

NAME OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           T-95-03

STYLE OF CAUSE:                           BLOCK PARENT PROGRAM OF CANADA INC. v.

                                                            THE EDMONTON BLOCK PARENT ASSOCIATION

                                                           

MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF PARTIES

REASONS FOR ORDER

AND ORDER :                                   HUGESSEN J.

DATED:                                              January 13, 2006

WRITTEN REPRESENTATIONS BY:

DIANNA KYLES	FOR THE APPLICANT (BLOCK PARENT PROGRAM)

SOLICITORS OF RECORD:

DIANNA KYLES                                                  Mc CARTHY TÉTRAULT                                   CALGARY ALBERTA	FOR THE APPLICANT                     (BLOCK PARENT PROGRAM)