2474234 Ontario Inc. v. Dunn's Famous International Holdings Inc., 2024 FCA 161
Justice Goyette; Justice Webb; Justice Monaghan - 2024-10-04
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The appellants appealed a Federal Court decision dismissing their motion to set aside a default judgment issued in a trademark infringement action. The Federal Court required the appellants to show a reasonable explanation for failing to file a statement of defence, a prima facie defence, and prompt action to set aside the default judgment. The Federal Court found that the appellants did not have a reasonable explanation for the failure to file a defence, leading to the dismissal of their motion. The Court of Appeal upheld the decision, stating that there was no palpable error in the Federal Court's findings. The Court also highlighted unanswered questions regarding financial documents and revenue numbers but concluded that there was no reviewable error in the decision to not set aside the default judgment. The appeal was ultimately dismissed with no costs awarded.
Decision relates to:
- A-252-23 - 2474234 ONTARIO INC. et al. v. DUNN’S FAMOUS INTERNATIONAL HOLDINGS IN which is an appeal from 2023 FC 908 in T-1397-16