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03-14-2012, 05:45 PM
Ever wonder what happened to them? Here you go:
Background
San Francisco Gifts Ltd., Re
In the Matter of the Companies' Creditors Arrangement Act, R.S.A. 1985, c. C-36,
As Amended
5 San Francisco operates a national chain of novelty goods stores from its head office in Edmonton, Alberta. It currently has 62 locations and approximately 400 employees.
6 The group of companies is comprised of the operating company, San Francisco Gifts Ltd., and a number of hollow nominee companies. The operating company holds all of the group's assets. It is 100 percent owned by Laurier Investments Corp., which in turn is 100 percent owned by Barry Slawsky (Slawsky), the driving force behind the companies.
7 Apart from typical priority challenges in insolvency matters, this
proceeding has been punctuated by a series of challenges to the process and its continuation, led primarily by a group of landlords that includes the opposing landlords.
8 On December 30, 2004, San Francisco pleaded guilty to nine charges under s. 42 of the Copyright Act,[FN2] which creates offences for a variety of conduct constituting wilful copyright infringement. The evidence in that proceeding established that:
(a) An investigation by the St. John's, Newfoundland, Fire Marshall, arising from a complaint about a faulty lamp sold by San Francisco, led to the discovery that the lamp bore a counterfeit safety certification label commonly called a "UL" label.[FN3] The R.C.M.P. conducted searches of San Francisco stores across the country, its head office, and a warehouse, which turned up other counterfeit electrical UL labels as well as counterfeit products bearing the symbols of trademark holders of Playboy, Marvel Comics and others.
(b) Counterfeit UL labels were found in the offices of Slawsky and San Francisco's Head of Sales. There was also a fax from "a Chinese location" found in Slawsky's office that threatened that a report to Canadian authorities about the counterfeit safety labels would be made if payment was not forthcoming.
(c) Copyright Act charges against Slawsky were withdrawn when San Francisco entered a plea of guilty to the charges;
(d) The sentencing judge accepted counsels' joint submission that a
$150,000.00 fine would be appropriate. In passing sentence, he condemned the
company's conduct, particularly as it related to the counterfeit labels,
expressing grave concern for the safety of unknowing consumers.[FN4]
(e) San Francisco was co-operative during the R.C.M.P. investigation and the
Crown's prosecution of the case.
(f) San Francisco had been convicted of similar offences in 1998.
9 Judge Stevens-Guille's condemnation of San Francisco's conduct was the
subject of local and national newspaper coverage.
10 The company paid the $150,000.00 fine from last year's profits.
Background
San Francisco Gifts Ltd., Re
In the Matter of the Companies' Creditors Arrangement Act, R.S.A. 1985, c. C-36,
As Amended
5 San Francisco operates a national chain of novelty goods stores from its head office in Edmonton, Alberta. It currently has 62 locations and approximately 400 employees.
6 The group of companies is comprised of the operating company, San Francisco Gifts Ltd., and a number of hollow nominee companies. The operating company holds all of the group's assets. It is 100 percent owned by Laurier Investments Corp., which in turn is 100 percent owned by Barry Slawsky (Slawsky), the driving force behind the companies.
7 Apart from typical priority challenges in insolvency matters, this
proceeding has been punctuated by a series of challenges to the process and its continuation, led primarily by a group of landlords that includes the opposing landlords.
8 On December 30, 2004, San Francisco pleaded guilty to nine charges under s. 42 of the Copyright Act,[FN2] which creates offences for a variety of conduct constituting wilful copyright infringement. The evidence in that proceeding established that:
(a) An investigation by the St. John's, Newfoundland, Fire Marshall, arising from a complaint about a faulty lamp sold by San Francisco, led to the discovery that the lamp bore a counterfeit safety certification label commonly called a "UL" label.[FN3] The R.C.M.P. conducted searches of San Francisco stores across the country, its head office, and a warehouse, which turned up other counterfeit electrical UL labels as well as counterfeit products bearing the symbols of trademark holders of Playboy, Marvel Comics and others.
(b) Counterfeit UL labels were found in the offices of Slawsky and San Francisco's Head of Sales. There was also a fax from "a Chinese location" found in Slawsky's office that threatened that a report to Canadian authorities about the counterfeit safety labels would be made if payment was not forthcoming.
(c) Copyright Act charges against Slawsky were withdrawn when San Francisco entered a plea of guilty to the charges;
(d) The sentencing judge accepted counsels' joint submission that a
$150,000.00 fine would be appropriate. In passing sentence, he condemned the
company's conduct, particularly as it related to the counterfeit labels,
expressing grave concern for the safety of unknowing consumers.[FN4]
(e) San Francisco was co-operative during the R.C.M.P. investigation and the
Crown's prosecution of the case.
(f) San Francisco had been convicted of similar offences in 1998.
9 Judge Stevens-Guille's condemnation of San Francisco's conduct was the
subject of local and national newspaper coverage.
10 The company paid the $150,000.00 fine from last year's profits.