May 15, 2024 (2024 ABKB 278)

• Outcome: The court dismissed 9344’s application for injunctive and declaratory relief. 9344 sought exclusive rights to True North’s “THINK” Financial (TF) trademark in Quebec, claiming it was entitled to exclusivity under a Trademark License Agreement (TLA).
• Reasoning:
  • The TLA granted 9344 exclusivity over specific trademarks for mortgage brokering, but not for TF, which applies to lending.
  • The court found no intent in the TLA to extend exclusivity to TF, as it was not listed among the trademarks licensed to 9344.
  • The court denied 9344's claim for both injunctive and declaratory relief, noting that enforcing TF access would require extensive renegotiation not covered by the TLA.

July 18, 2024 (2024 ABKB 443)

• Costs Outcome: Following the dismissal, both parties sought costs. The court held that:
  • 9344: Entitled to 50% of its legal costs from True North, as per TLA clause 14B, which required True North to pay half regardless of case outcome.
  • True North: Entitled to its legal costs as the successful party, but no enhancements were awarded, as 9344’s litigation, though inefficient, was not abusive.

Final Financial Outcome

• 9344: Receives 50% reimbursement for its legal fees from True North.
• True North: Awarded standard costs based on Alberta court rules (Column 1, Schedule C).

This leaves 9344 partially compensated for costs but unsuccessful in its broader claims for exclusivity over TF in Quebec.