Background: The case involved Green Circle Ideas Inc. (Respondent) seeking the dismissal of an Application filed under the Trademarks Act by the Applicant, citing substantial delays attributed to the Applicant or its counsel.

Legal Issues: The main legal issue revolved around Rule 167 of the Federal Courts Rules, which allowed the Court to dismiss a proceeding due to undue delay by a plaintiff or applicant. The Court applied a tri-partite test to determine if there had been undue delay, if the delay was excusable, and if the respondent was likely to be seriously prejudiced by the delay.

Court Decision: The Court found that there had been undue delay, spanning multiple periods, including a 39-month delay where the Applicant brought a motion under Rule 120 but took no further steps. The Court also considered whether the delay was excusable, ultimately finding that the Applicant had failed to excuse the delays adequately.

Amount Awarded: The Court ordered the dismissal of the Application and awarded costs to the Respondent for both the motion and the Application itself. If there was a dispute over costs, the parties had a deadline to submit their arguments. No amount specified for costs awarded..