The applicant filed an application to register a trade-mark. The respondent filed a statement of opposition, the Trade-marks Opposition Board (Board) allowed the opposition and the applicant appealed this finding. The Court first converted the proceeding from a judicial review application to an appeal of the Board. The Court reviewed the statement of opposition and other materials filed by the parties, and found that the Board based its decision on a ground that was not raised by the respondent in its opposition. Accordingly, the Court set aside the Board’s decision and referred the matter to another Board member for redetermination on the grounds of opposition raised by the respondent.