Milano Pizza Ltd. v. 6034799 Canada Inc., 2018 FC 1112

JurisdictionFederal Jurisdiction (Canada)
Citation2018 FC 1112
CourtFederal Court (Canada)
Date06 November 2018
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32 practice notes
  • Canada v. Witchekan Lake First Nation, 2023 FCA 105
    • Canada
    • Court of Appeal (Canada)
    • May 17, 2023
    ...to motions under this Rule that were first articulated by Mactavish J., as she then was, in Milano Pizza Ltd. v. 6034799 Canada Inc., 2018 FC 1112, 159 C.P.R. (4th) 275 at paragraphs 25-41 [Milano Pizza] and later recapitulated in Rallysport Direct LLC v. 2424508 Ontario Ltd., 2019 FC 1524,......
  • VIIV HEALTHCARE CO. V. GILEAD SCIENCES CANADA, INC.,
    • Canada
    • Court of Appeal (Canada)
    • June 16, 2021
    ...cases, judges have greater powers to decide disputed questions of fact: Manitoba at para. 16; Milano Pizza Ltd. v. 6034799 Canada Inc., 2018 FC 1112, 159 C.P.R. (4th) 275 at para. 32. [35] Rule 216 governs the Court’s discretion as to whether to hold a summary trial. The Court may de......
  • Gemak Trust v. Jempak Corporation, 2022 FCA 141
    • Canada
    • Court of Appeal (Canada)
    • August 4, 2022
    ...the principles governing motions for summary judgment in the Federal Courts that I provided in Milano Pizza Ltd. v. 6034799 Canada Inc., 2018 FC 1112 at paras. 24-40, (cited with approval by this Court in ViiV Healthcare Co. v. Gilead Sciences Canada, Inc., 2021 FCA 122 at para. 39 (ViiV He......
  • Kilback v. Canada, 2023 FCA 96
    • Canada
    • Court of Appeal (Canada)
    • May 9, 2023
    ...govern a motion for summary judgment in the Federal Court. These were described in detail in Milano Pizza Ltd. v. 6034799 Canada Inc., 2018 FC 1112 at paras. 25-40 [Milano Pizza], recapitulated in Rallysport Direct LLC v. 2424508 Ontario Ltd., 2019 FC 1524, and cited with approval by this C......
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27 cases
  • Canada v. Witchekan Lake First Nation, 2023 FCA 105
    • Canada
    • Court of Appeal (Canada)
    • May 17, 2023
    ...to motions under this Rule that were first articulated by Mactavish J., as she then was, in Milano Pizza Ltd. v. 6034799 Canada Inc., 2018 FC 1112, 159 C.P.R. (4th) 275 at paragraphs 25-41 [Milano Pizza] and later recapitulated in Rallysport Direct LLC v. 2424508 Ontario Ltd., 2019 FC 1524,......
  • VIIV HEALTHCARE CO. V. GILEAD SCIENCES CANADA, INC.,
    • Canada
    • Court of Appeal (Canada)
    • June 16, 2021
    ...cases, judges have greater powers to decide disputed questions of fact: Manitoba at para. 16; Milano Pizza Ltd. v. 6034799 Canada Inc., 2018 FC 1112, 159 C.P.R. (4th) 275 at para. 32. [35] Rule 216 governs the Court’s discretion as to whether to hold a summary trial. The Court may de......
  • Gemak Trust v. Jempak Corporation, 2022 FCA 141
    • Canada
    • Court of Appeal (Canada)
    • August 4, 2022
    ...the principles governing motions for summary judgment in the Federal Courts that I provided in Milano Pizza Ltd. v. 6034799 Canada Inc., 2018 FC 1112 at paras. 24-40, (cited with approval by this Court in ViiV Healthcare Co. v. Gilead Sciences Canada, Inc., 2021 FCA 122 at para. 39 (ViiV He......
  • Kilback v. Canada, 2023 FCA 96
    • Canada
    • Court of Appeal (Canada)
    • May 9, 2023
    ...govern a motion for summary judgment in the Federal Court. These were described in detail in Milano Pizza Ltd. v. 6034799 Canada Inc., 2018 FC 1112 at paras. 25-40 [Milano Pizza], recapitulated in Rallysport Direct LLC v. 2424508 Ontario Ltd., 2019 FC 1524, and cited with approval by this C......
  • Request a trial to view additional results
5 firm's commentaries
  • What A Pickle: Unauthorized Deli Franchisees Ordered To Pay Trademark Damages, But Escape Copyright Liability
    • Canada
    • Mondaq Canada
    • May 31, 2021
    ...v. Devine, 2021 FC 64. 2 See Mentmore Manufacturing Co Ltd v National Merchandise Manufacturing Co Inc (1978), 89 DLR (3d) 195 (FCA) 3 2018 FC 1112 (https://canlii.ca/t/hvxtg). 4 For example see: United Airlines, Inc. v. Cooperstock, 2017 FC 616. 5 For example see: Patterned Concrete Missis......
  • Copyright Law: 2018 Year In Review
    • Canada
    • Mondaq Canada
    • March 5, 2019
    ...dealing was not fair. Summary Judgment - Genuine Issue for Trial of Copyright Infringement Claim Milano Pizza Ltd v 6034799 Canada Inc, 2018 FC 1112 This decision relates to cross-summary judgment motions brought by both parties. The Court granted summary judgment in the plaintiff's favor w......
  • Trademark Owners And Franchisors Beware: In Milano Pizza Ltd. v. 6034799 Canada Inc., Lack Of Licensor Control Leads To Invalidation Of Trademark
    • Canada
    • Mondaq Canada
    • May 18, 2022
    ...Act, please do not hesitate to reach out to Fasken's team of trademark practitioners. Footnote 1 Milano Pizza Ltd. v. 6034799 Canada Inc., 2018 FC 1112 (CanLII), The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought abou......
  • What Do You Mean I Don't Own My Own Logo?
    • Canada
    • Mondaq Canada
    • November 21, 2018
    ...to have an individual own the copyright, but those, generally speaking, are special cases (e.g. tax). Footnotes 1 See paragraph 148. 2 2018 FC 1112. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specif......
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