This was an appeal of a decision of a Hearing Officer of the Trademarks Opposition Board in response to a section 45 notice. This notice requires the Applicant to demonstrate use within the last three year. The Hearing Officer found the evidence did not demonstrate use and expunged the trademark.

The Applicant submitted evidence to the Hearing Officer that Supershuttle provides ground transportation to airline passengers to and from airports in the United States and France. Vans do not operate in Canada but Canadians can book services online. The Hearing Officer determined that this did not constitute use in Canada. The Court found that the decision was reasonable and the appeal was dismissed.