General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Service Provider Entitled to Quantum Meruit Damages for Chemical Peel Treatments
Pharmacy Not Liable for Dispensing Interchangeable Drug Without Manufacturer Specification
Federal Court Partially Allows Appeal on Misuse of Copyright
Federal Court Partially Allows Appeal on Copyright and Trademark Issues
The Federal Court partially allowed an appeal involving misuse of copyright and trademark claims. The decision emphasizes the need for detailed factual support in pleadings and clarifies requirements under the Trademarks Act.
Federal Court Rules Unauthorized Use of 'MARTINIZING' Trademark Infringes Registered Rights
The Federal Court decided that the unauthorized use of the trademark 'MARTINIZING' by the Respondent infringed upon the Claimant's registered trademark rights, resulting in an injunction and damages award.
Claimant Wins Trademark Infringement Case Against Unauthorized Use
In this case, the Federal Court ruled in favour of the claimant who successfully sued the respondent for using their a person trademark without permission. The court granted an injunction to stop further use and awarded damages.
Claimant Wins Loan Repayment in BC Small Claims Case
Federal Court of Appeal Reverses Interlocutory Injunction Decision
The Federal Court of Appeal reversed a decision by the Federal Court to grant an interlocutory injunction. The Appeal Court found that the lower court made mistakes in evaluating the balance of convenience and the impact on public safety.
Used Vehicle Misrepresentation Claim Rejected by Civil Resolution Tribunal
Claimant Wins Veterinary Bill Dispute Over Dog Attack
Repair Claim Dismissed in Used Vehicle Sale Case
Civil Resolution Tribunal Rejects Claim for Erroneous Payment Due to Lack of Proof
The claimant asked for $1,500 that was mistakenly paid to the respondent instead of him. The Civil Resolution Tribunal rejected the claim because the claimant could not prove a contractual obligation or unjust enrichment.
Federal Public Sector Labour Relations and Employment Board Wage Rates Decision
The Federal Public Sector Labour Relations and Employment Board decided on wage rates and terms for employees in the Parliamentary Operations Group. They considered the wages and terms of similar positions to make their decision.
Consumer Right to Cancel Education Services Contract Due to Relocation
Environmental Group Allowed Public Interest Standing in River Crossing Case
An environmental group seeking to protect endangered fish won the right to challenge an approval for temporary river crossings in Alberta that could harm these fish. The court ruled that the group meets the criteria for public interest standing, allowing them to proceed with their case against the decision.
Claimant Loses Challenge to Insurer's Determination of Accident Responsibility
Federal Court Grants Public Interest Standing in Environmental Challenge
Insurer's Accident Responsibility Determination Upheld By Civil Resolution Tribunal
Claimant Fully Responsible for Collision Entered on Stale Yellow Light
Federal Court Rejects Fishing Quota Review Application
In a case involving fishing quotas in Labrador, the Federal Court ruled that it does not have the authority to review decisions made by a person. The claimants' request for judicial review was denied because only the Supreme Court of Newfoundland and Labrador can hear such cases.