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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.
Because the donor purchased the courseware from a promoter-created market and donated it immediately, and because no cogent expert evidence was tendered to rebut the Minister’s pleaded assumption that fair market value did not exceed the $7,000 purchase price, the Court accepts the Minister’s assumption and dismisses the appeal; the purchase price is the best indicator of fair market value in these circumstances.
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The Court held Amofah's videotaped statement admissible under the principled exception given videotaping, cautions, arrest and availability for cross-examination; the trial judge did not err in rejecting the appellant's evidence on the basis of numerous inconsistencies rather than pre-trial silence; Kienapple duplications required conditional stays on counts 6, 12, 14, 15 and 16; the remainder of the appeal was dismissed.
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Custody dispute involving abuse allegations and parental alienation; court awarded the mother sole custody with counselling-based reunification access for the father.
The court held the July 1999 ceremony was not a valid marriage, but varied the will to award the claimant $225,000 and offset trespass damages against it.
The court voided a transfer of the former matrimonial home to the Stocks, vested title in Patricia Bailie, and reapportioned the property 100% to her, subject to Ms. Stock’s equitable mortgage.
Voir dire on admissibility of the deceased’s sexual history and character evidence in a first-degree murder retrial; most evidence excluded, but some violence evidence admitted.
In a prison assault negligence claim, the court held the inmate failed to prove the Crown breached the standard of care. The action was dismissed.
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