Canadian National Railway Company v. [1] Cambium Networks, Ltd

canada, canadian, case law, court opinion, canlii, fct, 2026fc1192, 2026 fc 1192 (canlii), 2026, fc, 1192, (canlii), t-309-26, 2026, intellectual property, trademarks, trademarks act, s. 45 summary expungement appeal, registered trademark evidence of “use” in canada, additional affidavit describing goods and services and archived website screenshots, invoices, sales orders, terms of service, context of appeals from trademarks opposition board decision, leave to file additional evidence granted, procedure, motions, trademarks act, subs. 56(5) leave to adduce additional evidence, interests of justice framework from products unlimited, inc v five seasons comfort limited, whether respondent should be granted leave to file new affidavit on appeal, relevance, credibility, admissibility, materiality, delay, prejudice considered, motion granted, evidence, materiality, additional evidence on appeal, whether new affidavit is “material” notwithstanding board decision in respondent’s favour, evidence addressing deficiencies identified as “flawed,” “not ideal,” “generalised”, probative value beyond repetition, could bear on board findings and appeal outcome, leave granted, procedure, appeals, delay and transitional statutory context, circumstances surrounding failure to file complete evidence before the board, effect of april 2025 amendment removing filing as of right, explanation based on limited availability and section 45 filing deadline, delay treated as relevant but not determinative, leave granted, procedure, motions, prejudice, whether granting leave rewards lack of diligence and prejudices applicant, responding to additional evidence not prejudice, “best foot forward” obligation attenuated under former regime, no prejudice established on motion, leave granted