PRACTICE |
Affidavits |
Bojangles' International, LLC v. Bojangles Café Ltd.
T-1466-04
2005 FC 272, Hargrave P.
21/2/05
13 pp.
Motion challenging affidavits tendered by applicants in appeal of Registrar of Trade-marks' rejection of opposition to trade-mark application--Members, employees of Smart & Biggar, solicitors of record for applicants, swearing affidavits to be relied upon in hearing of appeal--Respondent arguing inappropriate for Smart & Biggar to act as solicitors of record, bringing interlocutory motion, to strike out affidavits or disqualify solicitors for applicants--Affidavits not prejudicial to respondent, therefore not struck--Inappropriate to remove Smart & Biggar as solicitors of record by reason of expense of doing so, confusion it would cause--However, applicants should appoint alternate counsel to prepare written argument, make oral argument at hearing.