Canada Case Law

Canadian Energy Services L.P. v. Secure Energy (Drilling Services) Inc.

Court

Federal Court of Appeal

The Federal Court did not err in finding Levey to be the sole true inventor and that Secure holds title to the invention; declaratory relief under Rule 64 was properly characterized as public/declaratory (not remedial) and therefore not barred by limitations or discharged by the 2007 release; although the Federal Court incorrectly treated chain of title as res judicata from Secure FC 2021, Secure nonetheless proved chain of title from Genesis to Secure via corporate succession and the 2012 Asset Purchase Agreement; accordingly the appeal is dismissed.

Source excerpt

• Inventorship
• Ownership of patent
• Section 52 patent act
• Declaratory relief vs remedial relief
• Chain of title
• Abuse of process

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Sea Tow Services International, Inc. v. C-Tow Marine Assistance Ltd.

Court

Federal Court

The Federal Court awarded C-Tow lump-sum costs for the Application and Motion, but declined to decide costs for the Action as a whole at this stage.

• Invalidity of trademark registration
• Bad faith
• Chain of title
• Summary judgment
• Costs assessment
• Section 57 trademarks act

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Sea Two v C-Town

Court

Federal Court

The Federal Court found C-Tow had prior use of the C-Tow marks, Sea Tow knew of that use before adopting its marks, and Sea Tow’s registrations were invalid in part.

• Trademark registration
• Incontestability
• Distinctiveness
• Bad faith
• Confusion
• Chain of title

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Allen v. British Columbia (Attorney General)

Court

Supreme Court of British Columbia

The court granted Elizabeth Allen a declaration of title to unregistered ranch fractions after finding, on a balance of probabilities, that a Dominion grant was issued in 1921.

• Land title inquiry act
• Dominion crown grants
• Railway belt land transfer
• Quieting title
• Chain of title
• Land-title-inquiry-act

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Biles Estate v. Canada (National Revenue)

Court

Federal Court

The Federal Court dismissed two judicial review applications by the Estate of Newton D. Biles, finding no jurisdiction over notice-of-objection issues and no basis to compel reassessment.

• Reassessment
• Extension of time
• Notice of objection
• Mandamus
• Fettering of discretion
• Deemed disposition

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Naugle v. Cleary

Court

Nova Scotia Court of Appeal

The trial judge committed an error of law by elevating the estate inventory into the chain of title and unduly relying on it to discredit the appellant’s paper title; that error was material and sufficient to set aside the decision and order a new trial. The trial judge's interpretation of Rule 55.13 restricting direct examination of experts was appropriate and is not overturned.

Source excerpt

• Quieting titles
• Certificate of title
• Chain of title
• Expert evidence
• Estate inventory
• Standard of review

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Dawn v. Nova Scotia (Attorney General)

Court

Supreme Court of Nova Scotia

The court preferred Hall's comprehensive survey and deed analysis (supported by on‑the‑ground monuments such as stone walls and fences and Crown grant mapping) over Ashley's retracement; on that basis the Province and the Mannettes have the superior paper chain of title and the Murphys have established adverse possessory title, therefore Dawn failed to prove entitlement to the disputed land and has no registered or possessory interest in the identified PIDs.

Source excerpt

• Quieting titles act
• Marketable titles act s.4a
• Interpretation of deeds
• Surveyor expert evidence
• Chain of title

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MacDuff v. 3209292 Nova Scotia Ltd.

Court

Nova Scotia Court of Appeal

The Court affirmed the trial judge's conclusion that Number Co. had the superior chain of title: the 1825 Chamberlain plan and subsequent deeds clearly conveyed the five dower lots (including the Island) to Number Co.'s predecessors, the MacDuffs' survey and title abstract were flawed and failed to engage Number Co.'s chain, the proposed fresh evidence did not meet Palmer criteria and was inadmissible, and no error of law or palpable and overriding factual error was shown; accordingly the appeal was dismissed and costs awarded to the respondent.

Source excerpt

• Title dispute
• Chain of title
• Deed interpretation
• Survey evidence
• Fresh evidence application
• Adverse possession

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3209292 Nova Scotia Ltd. v. MacDuff

Court

Supreme Court of Nova Scotia

On the balance of probabilities the plaintiff has the better chain of title because the defendants' Title Abstract and Myra survey contain fundamental inconsistencies and unexplained measurements incompatible with the underlying deeds, whereas the plaintiff's Nutter survey reasonably overlays the historic 1823 survey; therefore the defendants have no interest in the Island identified by PIDs 41257262, 41257270 and 41257288.

Source excerpt

• Chain of title
• Interpretation of deeds
• Surveys and title abstracts
• Expert evidence
• Costs

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Bauer Hockey corp. v. Therma Blade Inc.

Court

Federal Court

The Federal Court disqualified Brouillette & Partners LLP from acting for Therma Blade after finding a prior retainer gave rise to relevant confidential information and a risk of prejudice to Bauer.

• Conflict of interest
• Disqualification of counsel
• Confidential information
• Chain of title
• Attorney-client privilege
• Conflict-of-interest

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