Gardium Sécurité, Inc. v. Gardium Security Services Ltd.

Decided: 2026-09-15. Docket: T-1878-26. Citation: 2026 CanLII 96349 (FC). Intellectual property — Trademarks — Pleadings in trademark infringement action — Motion to compel particulars and strike portions of defence and counterclaim — Concurrent use pleaded under Trademarks Act s. 21(1) — Registered mark pleaded as fewer than five years old — Paragraphs 37-40 and 45(c) struck | Procedure — Motions — Rule 369 motion heard in writing — Whether an oral hearing is required where respondent requests it — Court discretion under Federal Courts Rules, subrule 369(4) — Fairness satisfied by written submissions — Oral hearing not ordered — Motion decided in writing | Procedure — Pleadings — Particulars — Whether particulars should be ordered for paragraphs 29-30 and 33 of the defence and counterclai