President Asian Enterprises Inc. v. President Group Realty, Ltd.
T-2811-96
Hargrave P.
26/3/97
9 pp.
Motion for extension of time to file reply to applicant's originating notice of motion to have respondent's trade mark expunged from register of trade marks-Applicant, established in 1967, large integrated Taiwanese multinational conglomerate composed of various divisions, operating as President Group-In 1994, applicant registered, as trade mark in Canada, word "President" in connection with sale, leasing, advertising, promotion and property management of shopping centre services and warehouse services-Respondent, British Columbia company incorporated early in 1993, carries on business as residential, commercial real estate sales and listing agents-In late 1993, 1994, applicant aware respondent operating under name of "President Group Realty" or "Remax President Group Realty"-Application to strike out respondent's trade mark under Trade-marks Act, s. 57 commenced December 20, 1996-Respondent had sixty days to file response under R. 704(4)-Time to reply expiring March 10, 1997-Deadline not met-Proceeding involving R. 704, Trade-marks Act, s. 57 summary proceeding in which time limits very specific-Two-part test set out by Federal Court: (1) valid reason or excusable reason for delay; (2) relevance and admissibility, whether it will be in interests of justice-No reason to depart from two-part test: in order to file document late under R. 704, there must be valid reason for delay and intrinsic worth of material must make it necessary-Affidavit material supporting motion herein merely setting out chronology-Nothing in support of motion dealing with delay from point of view of President Group Realty Ltd.-Nothing touching on delay in material respondent wished to file in reply-Time limits in rules dealing with summary matters not to be ignored without reasonable justification-No justification offered herein-Motion denied-Trademarks Act, R.S.C., 1985, c. T-13, s. 57-Federal Court Rules, C.R.C., c. 663, R. 704 (as am. by SOR/79-57, s. 16; 92-726, s. 9).