Tom Pac Inc. v. Kem-A-Trix ( Lubricants ) Inc.
T-1238-96
Nadon J.
13/8/96
6 pp.
Appeal from Prothonotary's decision dismissing application to strike originating notice of motion filed by respondent-Trade name "TP 2431" registered by appellant to be used in relation to industrial lubricants-Respondent filing originating notice of motion to obtain expungement of trade mark, injunction against appellant-Prothonotary allowing respondent to amend originating notice of motion so as to abandon request for injunction-Dismissing appellant's motion to strike-Court having jurisdiction over subject matter of proceeding-Can deal with application for expungement of trade mark on basis of originating notice of motion-Prothonotary's exercise of discretion not based on wrong principle-Prothonotary's decision regarding costs also justified, not based upon wrong principle, misapprehension of facts-Appeal dismissed.