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The Tax Court dismissed a motion to stop CRA collection and return garnished funds, holding it lacked jurisdiction for that relief; the records request was premature.
The Federal Court found the Respondent liable for trademark infringement, passing off and depreciation of goodwill, and granted injunctions, delivery up, domain transfer, damages and costs.
The Court of Appeal allowed the appeal, set aside the order dismissing the application, and remitted the lease-interpretation dispute for a new hearing.
Clause 5.13 of the Statutory Building Scheme does not clearly and unequivocally entitle the administrator to solicitor-client or full indemnity costs in the circumstances of this case because the clause, properly interpreted, contemplates costs tied to physical work to cure a breach and payment is triggered by delivery of an invoice; accordingly full indemnity costs are refused and the petitioner is awarded party-and-party costs on Scale B.
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Default judgment was granted in a trademark counterfeiting case involving Chanel and Louis Vuitton, with declarations, injunctions, delivery up, damages, and costs.
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.
The Court of Appeal for Ontario dismissed an appeal from a copyright infringement judgment, upholding a $23,891.52 profits award where no proved expense deductions were shown.
The application was dismissed because (1) the plaintiff delayed unreasonably in bringing the interlocutory application such that any reasonable post-employment non-solicitation period (approximately 12 months) had largely expired and delay undermined each element of the injunction test; and (2) the plaintiff failed to identify its asserted confidential information with the requisite specificity, so mandatory and prohibitory orders regarding undefined confidential information would be unjust and unworkable.
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The respondent, having initiated and participated in the JSC, expressly agreed on the record to each essential term including payment; there were no qualifying conditions or vitiating circumstances, and an objective reasonable bystander would conclude the parties intended to be bound; therefore under CPR 10.04 the court must enforce the settlement and declare its terms and order performance.
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The court granted an interlocutory injunction preventing the cutoff of fire and emergency services to a reserve development, and declined to require an undertaking in damages.
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