Overview:
The case focused on a dispute over the "Tumblers Pizza" brand name and logo. Canadiana Foods sought damages for trademark infringement, passing off, conversion of property, and injunctive relief against the respondents.

Evidentiary Rulings:
The Chambers judge struck parts of Canadiana’s affidavits for improper reply evidence and irrelevance. The Court of Appeal upheld these rulings, finding no error.

Key Legal Issues and Rulings:

1. Ownership of Goodwill: The Court found ownership of the "Tumblers Pizza" goodwill to be a serious issue to be tried and deferred resolution to trial.

2. Fiduciary Duties: Whether Mr. Baiton owed fiduciary obligations to Canadiana was also deemed a serious issue to be tried.

3. Irreparable Harm: Canadiana failed to demonstrate irreparable harm, as losses could be calculated and compensated in damages.

4. Balance of Convenience: The Court ruled that the balance of convenience favored the respondents, as granting an injunction would harm their business operations.

Costs and Awards:
The Court dismissed Canadiana’s appeal and upheld the Chambers judge’s denial of the injunction. Costs of $4,500 were awarded to the respondents.