Date: 20000111
Docket: A-740-98
CORAM: MARCEAU J.A.
DESJARDINS J.A.
NOÊL J.A.
BETWEEN:
MANTHA & ASSOCIATES
Appellant
- and -
LE CRAVATTE DE PANCALDI S.r.L.
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Ottawa, Ontario, on Tuesday, January 11, 2000)
DESJARDINS J.A.
[1] The appellant conceded that the first judge committed no error in his understanding of the legal principles at stake nor in the approach he adopted in this matter. What is disputed is the appreciation made by the registrar and the first judge on the evidence brought by the respondent.
[2] We are all of the view that, in the absence of any egregious error of appreciation on the part of the first judge or the registrar, our intervention would be unwarranted. In spite of the very able presentation made by counsel for the appellant, we conclude that this appeal must be dismissed with costs.
"Alice Desjardins"
J.A.
[3]
Date: 20000111
Docket: A-740-98
CORAM: MARCEAU J.A.
DESJARDINS J.A.
NOËL J.A.
BETWEEN:
MANTHA & ASSOCIATES
Appellant
- and -
LE CRAVATTE DE PANCALDI S.r.L.
Respondent
Heard at Ottawa, Ontario, on Tuesday, January 11, 2000.
Delivered from the bench at Ottawa, Ontario, on Tuesday, January 11, 2000.
REASONS FOR JUDGMENT DESJARDINS J.A.
OF THE COURT BY: