Toronto-Dominion Bank v. Dyas (TD Benefits), 2024 FC 1651
Associate Justice Horne - 2024-10-21
Read full decision. Automatically generated summary:
These reasons explain why I am refusing the defendant’s request to schedule a summary trial. This action for trademark infringement was commenced in June 2021. ... I am satisfied that this is one of the rare circumstances where it is appropriate to refuse to schedule a summary trial. ... Here, the action has been before the Court for a number of years, and a schedule for steps leading up to a trial had been agreed to by the parties. It is not apparent that summary trial would be more efficient. The defendant’s estimate is that the trial will take 4-5 days, and that a summary trial would take 1-2 days of Court time. In addition to time in Court, the defendant also anticipates a number of days of out-of-court examinations. This is not a circumstance where a party is proposing summary trial on a narrow or discrete issue that could resolve the entire proceeding. I am not satisfied that adjudicating this matter by summary trial will result in a savings of time or cost.
Decision relates to:
- T-886-21 - THE TORONTO-DOMINION BANK v. THOMAS JOHN DYAS ET AL