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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.
The appeal is dismissed and the policy declared valid and binding because the insurer failed to prove on a balance of probabilities that any misrepresentation was made with the knowledge or recklessness required for civil fraud under s.184(2) of the Insurance Act; the application judge's finding that the insurer did not meet its burden is entitled to deference and the proposed fresh evidence would not reasonably have affected the result.
Source excerpt
Summary trial dispute over a life policy turned on reinstatement timing, a suicide exclusion, and alleged nondisclosure of bankruptcy. The court found for the defendants.
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