McDonald's Corp. v. Alberto-Culver Co.
95-T-34
Richard J.
15/9/95
6 pp.
Appeal from order of Associate Senior Prothonotary (ASP) refusing to grant retroactive extension of time to permit appellants to file notice of appeal with respect to decision of Registrar of Trade-marks dated March 31, 1995 -Registrar rejecting opposition of appellants to trade mark application for "Molly McButter" in name of respondent, Alberto-Culver Co.-Time for appealing decision under Trade-marks Act, s. 56 expiring May 31, 1995-Notice of motion served by appellants on respondents on June 16, 1995 requesting retroactive extension of time to file appeal-ASP declining to grant order for retroactive extension of time to appellants-Appellants not forming bona fide intention to appeal while right to appeal existed-Have not shown arguable case-ASP not basing decision upon wrong principle or misapprehension of facts-No special circumstances-No claim of prejudice by respondent-Appeal dismissed-Trade-marks Act, R.S.C., 1985, c. T-13, s. 56.