Cosmetic Warriors Limited v. Riches, McKenzie & Herbert LLP, [2019] F.C.J. No. 286

Show of actual profit in sale of trademarked t-shirts not required to establish use sufficient to maintain registration.

Subtopic: Trademarks 
Commentary: Canadian Securities Law Reporter (see paragraph 18-565)

Frac Shack Inc. v. AFD Petroleum Ltd., [2018] F.C.J. No. 1067

The Court’s findings as to the attributes of the skilled person and the extent of the skilled person’s common general knowledge are matters of mixed fact and law. It is important to ascertain the attributes of the skilled person because they determine the extent of the skilled person’s common general knowledge, which in turn is a key component of the obviousness analysis. However, one should not conflate who the skilled person is and what the skilled person would know as common general knowledge.

Subtopic: Patentable Subject Matter 
Commentary: Hughes & Woodley on Patents (§12 Obviousness and Lack of Invention — General)

Rogers Communications Inc. v. Voltage Pictures, LLC, [2018] 2 S.C.R. 643

According to Techopedia, Wikipedia for geeks, file sharing is defined as “the practice of sharing or offering access to digital information or resources, including documents, multimedia (audio/video), graphics, computer programs, images and e-books.” It’s a definition — and an issue — lawyers in Canada may want to look at more closely.

U.S. companies have discovered there is money to be made, at least potentially, in suing Canadians for alleged copyright infringement. Now this practice may become more common and more contentious as the issue of reverse class action lawsuits are being debated in our courts.

Subtopic: Copyright infringement 
Commentary: Copyright trolls suing thousands of Canadians for file sharing (The Lawyer’s Daily)

Doon v. Maharaj, [2019] O.J. No. 1247

The analysis of rule 13.01.02 of the Rules of Civil Procedure is fact-specific and must include a balancing of all factors to ensure that any transfer granted is desirable in the interests of justice.

Subtopic: Rules of Civil Procedure 
Commentary: Williston & Rolls Court Forms (see paragraphs 6-8)

0932053 B.C. Ltd. v. TBM Holdco Ltd., [2018] B.C.J. No. 1139

The court found the plaintiff’s maintaining an allegation of fraudulent misrepresentation against its former president and CEO for 14 months until the commencement of trial fell within the broad meaning of reprehensible conduct, making an award for special costs throughout appropriate. The allegations were serious ones made against a senior executive. His ability to “find alternative employment in any business would be seriously compromised by the unwarranted and completely unfounded allegation of fraudulent misrepresentation exacerbated by the additional claims of breach of contract, breach of fiduciary duties, and negligent misrepresentation”.

Subtopic: Costs 
Commentary: British Columbia Practice, 3rd Edition (within (3) Assessment of special costs)