Northwest Protective Services Ltd. v. Cox et al., (1980) 5 Man.R.(2d) 30 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: January 15, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 5 Man.R.(2d) 30 (CoCt)

Northwest Protective Serv. v. Cox (1980), 5 Man.R.(2d) 30 (CoCt)

MLB headnote and full text

Northwest Protective Services Ltd. v. Cox, Northwest Protection Services and Provincial Secretary

Indexed As: Northwest Protective Services Ltd. v. Cox et al.

Manitoba County Court

Kennedy, C.C.J.

January 15, 1980.

Summary:

This headnote contains no summary.

Partnership - Topic 5883

Names - Cancellation or amendment of - Grounds - Employees of a security company decided to leave and form their own company, Northwest Protective Services Ltd., which they incorporated in March, 1979 - However, three weeks earlier the principal of their former employer registered the name Northwest Protection Services under the Business Names Registration Act, R.S.M. 1970, c. B-110, in order to protect the name from use by others, intending to use it in the future, although not within the 30 day period prescribed in s. 4(2) of the Act - The former employees previously knew of the principal's intention to use the name, but nevertheless appropriated it as the name of their own company - They applied for an order to cancel or amend the name Northwest Protection Services under the Business Names Registration Act - The Manitoba County Court allowed the application and struck out the name, because the principal merely meant to protect the name, while not having any immediate plans to use it.

Statutes Noticed:

Business Names Registration Act, R.S.M. 1970, c. B-110, sect. 4(1) [para. 20]; sect. 4(2) [para. 27]; sect. 13(1) [para. 24]; sect. 14 [para. 10]; sect. 15(1) [para. 2].

Corporations Act, R.S.M. 1970, c. C-225, sect. 11(1) [para. 7].

Counsel:

R.J. Handlon, for the applicant;

R. Stachurski, for the respondents.

This case was heard at Winnipeg, Manitoba, before KENNEDY, C.C.J., of the Manitoba County Court, who delivered the following judgment on January 15, 1980: