PRACTICE |
Variation of Time |
Canadian Olympic Assn. v. Olymel, société en commandite
T-1564-97
2001 FCT 105, Heneghan J.
21/2/01
11 pp.
Motion for extension of time to file notice of appeal from June 9, 2000 decision ([2000] 7 C.P.R. (4th) 309) dismissing appeal from two oppositions filed by appellant in 1992 and 1993 to respondent's applications to register trade-marks "Olymel" and "Olymel and design"--Late filing due to time miscalculation by counsel for appellant--Respondent opposing motion to extend time--Application of six factors to be taken into account upon motion to extend time: Sim v. The Queen (1996), 67 C.P.R. (3d) 334 (F.C.T.D.)--Arguable issue relating to interpretation of Trade-marks Act--Reasonable explanation (miscalculation) offered by counsel for failure to file on time--Intention to appeal before time expired--No excessive delay--Balance of convenience in favour of appellant--Respondent would not be prejudiced by extension of time, while potential of real prejudice to appellant--Furthermore, counsel, not appellant, responsible for mistake--In interests of justice to allow appeal to be heard on merits--Motion allowed--Trade-marks Act, R.S.C., 1985, c. T-10.