The ground of the decision was that the evidence shewed user in Canada by the respondent's predecessors in title, of the trade-mark, upon goods of the same class as those sold by the appellant, for some years before the appellant began Gov.
to do business in Canada, and therefore the appellant's registration was properly expunged.
was pointed out that the Court was not to be understood as impliedly holding that the words " Gold Medal " contain the essentials necessary to constitute a valid trademark; that question had not been raised.
appellant.
R. S. Smart K.C. and R. Roy McMurtry for the respondent.
JACQUES BUREAU
MILTON CAMPBELL W. J. B.
SMITH
MOTION by each of the defendants to quash the plaintiff's appeal from the judgment of the Court of Appeal for Saskatchewan (1), on the ground of want of jurisdiction. The plaintiff sued the defendants, in one and the same action, for damages for alleged slanderous statements made against him, consisting of certain alleged statements by the defendant Smith at a public political meeting, and of certain alleged statements by the defendant Campbell, at the said meeting and afterwards, to the effect that Smith's statements were true and could have been stronger. The plaintiff claimed: damages to be paid by the defendants jointly, $16,000, and in the alternative, $8,000 to be paid by each defendant. The defendants each delivered a separate statement of defence.
The action was tried before Taylor J. with a jury. The jury gave their verdict as follows: " We find for the plaintiff against the defendants and assess the damages as against Smith, $1,500, and against Campbell, $1,500 "; and the judgment was " that the plaintiff do recover from the defendant Campbell the sum of $1,500; and that the plaintiff do recover from the defendant Smith the sum of $1,500 "; and " that the defendants do pay to the plaintiff his costs of this action
* *
*."
The defendants each appealed to the Court of Appeal for Saskatchewan, and by the judgment of that court (1) the judgment below was set aside and a new trial ordered. The formal judgment was, in part, as follows:
The plaintiff appealed to the Supreme Court of Canada, asking that the judgments so set aside be restored. The security approved and allowed to be given by the plaintiff in respect of the appeal consisted of two separate bonds of the plaintiff and a surety company, namely: a bond in favour of the defendant Campbell for $2,526.06, and a bond in favour of the defendant Smith for $1,053.53. As stated by affidavit on defendants' behalf on the present motions, the said sum of $2,526.06 covered $500 as security