justice was much more likely to be done if the amendment asked for had been granted. Without reviewing the judgments below, and while not saying that the learned trial judge wrongly exercised his discretion, we are all of the opinion that the trial was unsatisfactory, and that justice between the parties can only be done by a new trial. A new trial is accordingly directed. The costs down to the time when Mr. Gregory asked for the amendment at the trial (Case, p. 111), will be borne (and are to be paid forthwith) by the defendant.
The costs subsequent to that time are to be in the discretion of the judge who presides at the new trial, including the costs of this appeal.
New trial ordered. C. E. Gregory K.C. for the appellant.
C. C. Robinson K.C. for the respondent.
IN THE MATTER TRADE-MARK GOLD MEDAL GOLD MEDAL CAMP FURNITURE
MANUFACTURING
CO.
GOLD MEDAL FURNITURE MANU- FACTURING COMPANY LIMITED
.
APPEAL from the judgment of the Exchequer Court of Canada (Audette J.) (1) ordering the expunging from the entry in the Canadian Trade-Mark Register of the appellant's specific trade-mark " Gold Medal."
The appeal was heard on March 15, 1928, and on April 24, 1928, the Court delivered judgment (written reasons being given by Lamont J., with whom the other members of the Court concurred) dismissing the appeal with costs.