Decision

Venngo Inc. v. Concierge Connection Inc. (Perkopolis), 2016 FCA 209

Justice Webb - 2016-08-23

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[Note: this decision dates from 2016 but was only published online recently] Following the consolidation of the appeals, Venngo brought a motion for an order extending the time within which it could serve its memorandum of fact and law. An extension of time was granted, albeit a shorter extension of time than Venngo had requested. Venngo then filed and served two memoranda of fact and law – a 30 page memorandum in relation to A-5-16 and a 16 page memorandum in relation to A-33-16. The respondents have brought this motion to strike these memoranda on the basis that because the appeals were consolidated Venngo should only have filed one memorandum and not two. ... As a result, the motion is granted and the memoranda as filed by Venngo are stricken from the record. Venngo shall, on or before September 23, 2016, file one memorandum of fact and law for the consolidated appeal that complies with the Rules. Venngo shall pay the costs of this motion to the respondents, fixed in the amount of $1,500.

Decision relates to:

 

Canadian Intellectual Property