M. Valente

This endorsement arises from a pre-trial conference in an action and counterclaim concerning a sub-licensing agreement.

The court, having previously dissolved an injunction and set a timetable, addressed the plaintiff's non-compliance with the established schedule.

The judge modified the timetable, ordering the plaintiff to serve and file a defence to the counterclaim and an Affidavit of Documents by October 1, 2018, and complete discoveries by December 1, 2018.

The court explicitly warned that failure to meet the October 1st deadlines would entitle the defendants to move for dismissal of the action and granting of the counterclaim due to delay.

The trial date remained unchanged, and the court noted an outstanding costs award needing prompt payment.

A further pre-trial was scheduled.

The plaintiff, operating as Carey Industries, brought a motion for an interlocutory injunction to restrain the defendants from carrying on business under the name 'Steve's Welding & Sandblasting Inc.' The plaintiff had previously operated under the trade name 'Steve's Welding & Sandblasting' for nearly 30 years before changing its name.

The individual defendant, a former owner and employee of the plaintiff, incorporated the competing business shortly after his departure.

The court applied the RJR-MacDonald test and found a serious issue to be tried regarding passing off, noting the identical trade name and evidence of actual customer confusion.

The court concluded the plaintiff would suffer irreparable harm to its goodwill and that the balance of convenience favoured granting the injunction.