The Constellation Group sought leave to intervene under Rule 109 in an unfair competition action for the tort of passing off. The plaintiffs opposed and one defendant took no position. The motion was ultimately dismissed.
All the parties are engaged in multiple proceedings in provincial and federal courts, as well as before the Trade-marks Opposition Board. The pleadings in the current proceeding initially referred to some of the other litigation involving the Constellation Group, which probably triggered the motion to intervene.
However, the pleading was amended to remove those allegations and based on these amended pleadings it was found that there are no factual or legal issues in this litigation that the Constellation Group can assist with.