- Parties: The appellants were 2474234 Ontario Inc. and the Estate of the Late Moishe Smith. The respondent was Dunn's Famous International Holdings Inc.

- Subject Matter: The respondent commenced a trademark infringement action against the Devine parties then later added two defendants to the action. The respondent served an amended statement of claim on the additional defendants. After settlement of the action against the Devine parties and other defendants, the respondent served a second amended statement of claim on the two additional defendants. Later, the Federal Court granted the respondent’s ex parte motion for default judgment against the two additional defendants based on their failure to file a statement of defence, found them jointly liable, and ordered them to pay damages and pre- and post-judgment interest.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. The appeal court held that the appellants failed to identify a reviewable error. The appeal court noted that the Federal Court considered the history of the matter and the explanations offered for the failures to file a statement of defence, reviewed and analyzed the parties’ evidence allegedly supporting these explanations, and concluded that the evidence fell short of establishing a reasonable explanation for these failures.

- Date: The hearing was set on Oct. 2, 2024. The court released its decision on Oct. 4, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: The appeal court awarded no costs.