Decision

Remitbee Incorporated v. Remitly Inc., 2024 FC 2028

Associate Justice Coughlan - 2024-12-20

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In this decision, the court addressed the Applicant's motions for the consolidation of two trademark appeal proceedings under Rule 105 of the Federal Courts Rules. The Applicant contended that a binding agreement for consolidation existed between the parties, which the court should enforce. The Respondent agreed that consolidation was appropriate in principle but raised concerns about potential prejudice and delays. Ultimately, the court granted the motion for consolidation in part, allowing the appeals to proceed together before a single judge to ensure efficiency and coherence in the evidentiary records. The ruling highlighted the necessity of a unified hearing to prevent inconsistent decisions while considering the procedural complexities stemming from the parties' disagreements over evidence and other procedural matters. The decision reinforces the court's discretion in managing cases to promote judicial economy.

Decision relates to:

  • T-1758-22 - REMITBEE INCORPORATED v. REMITLY, INC.
  • T-2621-23 - REMITBEE INCORPORATED v. REMITLY, INC.

 

Canadian Intellectual Property