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FACT succeeded in part on passing off over ASIALICIOUS. The Court found FACT had prior goodwill, rejected the defendants’ prior-use claim, and granted a narrow injunction and nominal damages.
Adjudicator concluded defendant authorized an unauthorized entry amounting to trespass; evidence did not prove significant actual property damage so only general damages were appropriate; exemplary damages are unavailable in Small Claims Court; awarded maximum general damages of $100 plus court filing fees of $199.35, total $299.35.
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The Federal Court of Appeal held that the trial judge did not commit a reversible error: patients are a relevant class of consumers for the confusion analysis in this context, the surrounding circumstances (including oral communication and repackaging practices) supported a finding of likelihood of confusion between BEOVU and BYOOVIZ, passing off was established, and injunctive relief plus nominal damages ($20,000) were appropriate; the appeals and cross-appeals were dismissed.
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The court upheld the trial judge’s finding that Article 3.56 was breached by failure to disclose the Wilson Fuels spreadsheet because the clause imposed an affirmative disclosure obligation, but affirmed dismissal of compensatory damages because the appellants failed to prove the shares’ value as of closing and produced no evidence that the vendors would have accepted the lower price claimed; because nominal damages were not advanced as an alternative, none were awarded.
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Court held PCL entitled in part to additional Contractor's Fees calculated under the Contract/Proposal (10% mark-up and 5% fee applied to construction costs exceeding the base budget), entitlement to certain staff-cost reimbursements except for the period February 1, 2013–May 8, 2013 (not approved extension), recovery of an unpaid certified progress cheque ($120,096.63) and contractual interest; Owners' requests for full remediation of the precast stairs were denied as disproportionate and unnecessary and instead awarded nominal damages limited to installing handrails and signage; certain sub…
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The trial judge erred in treating unconditional monetary compensation in the parties' agreements as contingent and in implying repayment obligations contrary to the clear contract language; absent admissible evidence of reputational or economic harm, the defamed corporation was only entitled to nominal damages. The appeal is allowed in part: the $200,000 award is reduced to $1,000, repayment order and costs order are set aside, and appellants awarded specified appeal costs.
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The Court of Appeal upheld a $15,000 per class member aggregate damages award for a serious privacy breach, holding the Privacy Act is not limited to nominal damages absent consequential harm.
The court dismissed most battery claims arising from a nightclub arrest, finding the officers’ force justified under s. 25(1), but awarded nominal damages for unnecessary hospital handcuffing.
The Court dismissed a confidentiality claim but found Hanch Enterprises unreasonably withheld consent to an assignment. Simply Ballet received nominal damages of $1,000.
The court held the tenant had to give vacant possession, but the landlord could not set off the WFN statutory payment against unproven damages. Punitive damages were awarded.
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