Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
25778
FBI Foods Ltd., et al. v. Cadbury Schweppes Inc., et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1999-03-11 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 1999-03-11 | Copy of formal judgment being prepared | |
| 1999-02-02 | Notice of deposit of judgment sent to all parties | |
| 1999-01-28 |
Judgment on the appeal rendered, L'HD G McL Ia Ma Ba Bi Allowed, with costs |
|
| 1998-05-11 | General proceeding, transcripts received and distributed to the judges (98 pages) | |
| 1998-04-30 | General proceeding, 12 copies of Condensed book | Cadbury Schweppes Inc. |
| 1998-04-30 |
Hearing of the appeal, 1998-04-30, L'HD G McL Ia Ma Ba Bi Decision reserved |
|
| 1998-04-29 | General proceeding, 12 copies of Appellant's condensed book | FBI Foods Ltd. |
| 1998-04-27 | Appellant's record, on Cross-Appeal 24 copies (extension of time requested) RETURNED FOR CORRECTIONS ON APRIL 17, 1998 and received April 27/98), with service, Completed on: 1998-04-27 | FBI Foods Ltd. |
| 1998-04-27 | Book of authorities, on reply in the Cross-Appeal 12 copies, Completed on: 1998-04-27 | Cadbury Schweppes Inc. |
| 1998-04-27 | Respondent's record, In reply on the Cross-Appeal 24 copies, Completed on: 1998-04-27 | Cadbury Schweppes Inc. |
| 1998-04-24 | Notice of appearance, of Jack Giles, Q.C. and David Woodfield at the hearing of the appeal | Cadbury Schweppes Inc. |
| 1998-04-21 | Notice of appearance, (Michael P. Carroll, Q.C., Peter G. Voith and Monika B. Gehlen) (fax copy) | FBI Foods Ltd. |
| 1998-04-20 |
Decision on motion to extend time, to file the appellants' record, factum and book of authorities in response to the respondents' cross-appeal to Apr. 15/98, Reg Granted, no order as to costs |
|
| 1998-04-20 | Hearing of motion to extend time, 1998-04-20, to file the appellants' record, factum and book of authorities in response to the respondents' cross-appeal to Apr. 15/98, Reg | |
| 1998-04-20 | Submission of motion to extend time, 1998-04-20, to file the appellants' record, factum and book of authorities in response to the respondents' cross-appeal to Apr. 15/98, Reg | |
| 1998-04-17 | Response to motion to extend time, to file the appellant's record, factum, authorities (ON CROSS-APPEAL) to April 15, 1998, Completed on: 1998-04-17 | Cadbury Schweppes Inc. |
| 1998-04-15 | Book of authorities, 12 copies of appellant's (respondent on cross- appeal) authorities (extension of time requested), with service, Completed on: 1998-04-15 | FBI Foods Ltd. |
| 1998-04-15 | General proceeding, 24 copies (Appellant's (respondent's on cross- appeal) factum (extension of time requested), with service | FBI Foods Ltd. |
| 1998-04-15 | Affidavit, to file the appellant's record, factum,authorities on cross-appeal to April 15, 1998 (Peter Voith), with service | FBI Foods Ltd. |
| 1998-04-15 | $50.00 filing fee for notice of motion, receipt no. 30437 | FBI Foods Ltd. |
| 1998-04-15 | Motion to extend time, to file the appellant's record, factum and authorities on cross-appeal to April 15, 1998, with service, Completed on: 1998-04-15 | FBI Foods Ltd. |
| 1998-03-25 |
Appeal hearing scheduled, 1998-04-30 Decision reserved |
|
| 1998-03-25 | Appeal perfected for hearing, Session beginning on 1998-04-27 | |
| 1998-03-25 | Respondent's factum, and FACTUM ON CROSS-APPEAL 24 copies, with service, Completed on: 1998-03-25 | Cadbury Schweppes Inc. |
| 1998-03-25 | Book of authorities, 12 copies, with service, Completed on: 1998-03-25 | Cadbury Schweppes Inc. |
| 1998-03-25 | Respondent's record, 24 copies, with service, Completed on: 1998-03-25 | Cadbury Schweppes Inc. |
| 1998-02-03 | Proof of service, of the appellant's factum, authorities and record | |
| 1998-01-28 | Book of authorities, 10 copies of vols. 1 and 2, Completed on: 1998-01-28 | FBI Foods Ltd. |
| 1998-01-28 | Appellant's factum, 24 copies, Completed on: 1998-01-28 | FBI Foods Ltd. |
| 1998-01-22 | Appellant's record, 24 copies of vols. 1 and 2, Completed on: 1998-01-22 | FBI Foods Ltd. |
| 1997-10-16 | Notice of deposit of security, receipt ##2425, with service | |
| 1997-10-15 | $500 security deposit paid, receipt #2425 | FBI Foods Ltd. |
| 1997-10-09 | Correspondence (sent by the Court) to, sent to Davis & Company (Vancouver, BC) enclosing copy of Rule 32 | |
| 1997-10-09 | Correspondence (sent by the Court) to, sent to Farris, Vaughan, Wills & Murphy (Vancouver, BC) enclosing copy of Rule 32 | |
| 1997-10-03 | Notice of appeal, With service, Completed on: 1997-10-03 | FBI Foods Ltd. |
| 1997-09-10 | Order granting leave to appeal, (REVISED) | |
| 1997-09-08 | Order granting leave to appeal, (Revised Sept. 10/97) | |
| 1997-09-05 | Notice of cross appeal, Completed on: 1997-09-05 | Cadbury Schweppes Inc. |
| 1997-09-04 | Judgment of the Court on the application for leave to cross-appeal | |
| 1997-09-04 |
Judgment of the Court on the application for leave to appeal, LaF G Ma, The applications for leave to appeal and to cross- appeal are granted. Granted, no order as to costs |
|
| 1997-09-04 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON) | |
| 1997-09-04 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1997-06-27 | All material on the application for leave to cross-appeal submitted to the Judges | |
| 1997-06-27 | All materials on application for leave submitted to the Judges, LaF G Ma | |
| 1997-04-16 | Order on motion to extend time, to file the Reply on cross-appeal | |
| 1997-04-08 | $50.00 filing fee for a notice of motion, receipt no. 33903 | Cadbury Schweppes Inc. |
| 1997-04-07 |
Decision on motion to extend time, to file a reply on a cross-appeal to Apr. 3/97, DeRg Granted, no order as to costs |
|
| 1997-04-07 | Hearing of motion to extend time, 1997-04-07, to file a reply on a cross-appeal to Apr. 3/97, DeRg | |
| 1997-04-07 | Submission of motion to extend time, 1997-04-07, to file a reply on a cross-appeal to Apr. 3/97, DeRg | |
| 1997-04-04 | Response to motion to extend time, to file the reply to the response on cross-appeal to April 3, 1997 (Burke-Robertson), Completed on: 1997-04-04 | FBI Foods Ltd. |
| 1997-04-04 | Affidavit, to file the reply to the response on cross-appeal to April 3, 1997 (Jack Giles), with service | Cadbury Schweppes Inc. |
| 1997-04-04 | Motion to extend time, to file the reply to the response on cross-appeal to April 3, 1997 ($50.00 requested), with service, Completed on: 1997-04-04 | Cadbury Schweppes Inc. |
| 1997-04-03 | General proceeding, 5 copies of THE RESPONDENT'S (APPELLANTS ON CROSS- APPEAL) REPLY, with service | Cadbury Schweppes Inc. |
| 1997-03-24 | Correspondence received from, from Gowling, Strathy to A. Roland, letter dated March 24, 1997 re: intends to file a reply to the response on cross-appeal by April 8, 1997 | Cadbury Schweppes Inc. |
| 1997-03-18 | Memorandum of argument in response to the cross-appeal, 5 copies, with service, Completed on: 1997-03-18 | FBI Foods Ltd. |
| 1997-03-13 | Order on motion to extend the time to file and/or serve the leave application | |
| 1997-03-12 |
Decision on motion to extend time to file and /or serve the leave application, to Jan. 22/97, Co Granted, no order as to costs |
|
| 1997-03-12 | Hearing of motion to extend time to file and/ or serve the leave application, 1997-03-12, to Jan. 22/97, Co | |
| 1997-03-12 | Submission of motion to extend time to file and/ or serve the leave application, 1997-03-12, to Jan. 22/97, Co | |
| 1997-03-11 | Response to the motion to extend the time to file and / or serve the leave application, to Jan. 22, 1997 (Gowling, Strathy), Completed on: 1997-03-11 | Cadbury Schweppes Inc. |
| 1997-03-10 | Affidavit, to Jan. 22, 1997 (Michael P. Carroll), with service | FBI Foods Ltd. |
| 1997-03-10 | $50.00 filing fee for a notice of motion, receipt no. 33703 | FBI Foods Ltd. |
| 1997-03-10 | Motion to extend the time to file and or serve the application for leave to appeal, to Jan. 22, 1997, with service, Completed on: 1997-03-10 | FBI Foods Ltd. |
| 1997-02-26 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1997-02-26 | FBI Foods Ltd. |
| 1997-02-24 | General proceeding, 5 copies of page 59A of leave book (TO BE INSERTED) | FBI Foods Ltd. |
| 1997-02-24 | Proof of service, of the respondent's memorandum (cross-appeal) | |
| 1997-02-20 | Respondent's response on the application for leave to appeal, 5 copies (joint with application for leave to cross-appeal), Completed on: 1997-02-20 | Cadbury Schweppes Inc. |
| 1997-02-20 | Application for leave to cross-appeal, 5 copies (joint with respondent's response), Completed on: 1997-02-20 | Cadbury Schweppes Inc. |
| 1997-02-19 | Correspondence received from, from Davis & Co. to M. Larmour, letter dated Feb. 19, 1997 (fax copy) re: the 60 time period did not commence to run until Nov. 26, 1996 | FBI Foods Ltd. |
| 1997-02-14 | Correspondence received from, from Burke-Robertson re: notice of change of Ottawa Agents from Osler to Burke-Robertson, with service | FBI Foods Ltd. |
| 1997-02-07 | Correspondence received from, sent to Farris, Vaughan, Wills & Murphy (Vancouver BC) enclosing copy of the letter dated Feb. 7/97 sent to the Applicant | |
| 1997-02-07 | Correspondence received from, sent to Osler, Hoskin & Harcourt to acknowledge receipt of application for leave to appeal (incomplete) | |
| 1997-01-22 | $50.00 filing fee, receipt no. 33398 | FBI Foods Ltd. |
| 1997-01-22 | Application for leave to appeal, 5 copies (extension of time requested) P.S. judgment dated August 15,1996 and further reasons given on Sept. 20 and Nov. 26, 1996), with service, Completed on: 1997-03-10 | FBI Foods Ltd. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| FBI Foods Ltd. | Applicant | Active |
| FBI Brands Ltd. | Applicant | Active |
| Kurlender, Lawrence | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Cadbury Schweppes Inc. | Respondent | Active |
| Cadbury Beverages Canada Inc. | Respondent | Active |
Counsel
Party: FBI Foods Ltd.
Counsel
2800 Park Place
666 Burrard St
Vancouver, British Columbia
V6C 2Z7
Telephone: (604) 687-9444
FAX: (604) 687-1612
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: FBI Brands Ltd.
Counsel
2800 Park Place
666 Burrard St
Vancouver, British Columbia
V6C 2Z7
Telephone: (604) 687-9444
FAX: (604) 687-1612
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Kurlender, Lawrence
Counsel
2800 Park Place
666 Burrard St
Vancouver, British Columbia
V6C 2Z7
Telephone: (604) 687-9444
FAX: (604) 687-1612
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Cadbury Schweppes Inc.
Counsel
2600 - 700 Georgia St West
Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Cadbury Beverages Canada Inc.
Counsel
2600 - 700 Georgia St West
Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
None.
Lower court rulings
Supreme Court of British Columbia
C880184
Judgment for Respondents for damages; injunction refused
Court of Appeal for British Columbia (Vancouver)
CA018889
Respondents' appeal allowed, increasing damages and granting injunction
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available