Decision

LJC Apparel LLC (Kimes Ranch) v. 9277-3068 Québec Inc., 2024 CF 1778

Justice Gascon - 2024-11-07

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The court rejected an appeal by the defendants, 9277-3068 Québec Inc. and Max Clément, against a February 13, 2024, decision by Judge Sylvie M. Molgat, who had denied their motion for her recusal due to alleged bias. The defendants claimed that the involvement of attorney John C. Cotter, recently appointed as an associate judge, created a reasonable apprehension of bias. However, the court found no evidence supporting their allegations, noting that the standard for recusal is high and must be backed by concrete proof. The defendants' request for a stay of execution was also dismissed, and they were ordered to pay costs.

Decision relates to:

  • T-1522-21 - LJC APPAREL LLC C.O.B. KIMES RANCH v. 9277-3068 QUEBEC INCORPORATED ET AL

 

Canadian Intellectual Property