• About
  • Offices
  • Careers
  • News
  • Students
  • Alumni
  • Payments
  • FR
Background Image
Bennett Jones Logo 100 Years
  • People
  • Expertise
  • Knowledge
  • Search
  • FR Menu
  • Search Mobile
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
View all
Practices
Corporate Litigation Regulatory Tax View all
Industries
Capital Projects Energy Funds & Finance Mining View all
Advisory
Crisis & Risk Management ESG Strategy and Solutions Governmental Affairs & Public Policy
View Client Work
International Experience
Insights News Events
New Energy Economy Series Business Law Talks Podcast Economic Outlook
ESG & the CIO Subscribe
Bennett Jones Centennial Menu
People
Practices
Industries
Advisory Services
Client Work
About
Offices
News
Careers
Insights
Law Students
Events
Search
Alumni
Payments
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
 
Blog

When Will Expert Evidence Be Excluded?

March 30, 2017

Written By Dominique T. Hussey, L.E. Trent Horne and Jeilah Y. Chan

Experts play an important role in IP litigation, but the court will carefully consider whether the proposed expert evidence is necessary to assist the trial judge and has demonstrated an increasing willingness to determine, before the trial, that expert evidence will be excluded. Careful assessment of the need for expert evidence will lead to efficiencies, and is consistent with the Federal Court's stated goal of achieving increased proportionality in complex litigation. For businesses managing litigation budgets, this should translate to lower costs to assert and defend IP rights.

Case

Association of Chartered Certified Accountants et al. v. The Canadian Institute of Chartered Accountants et al., 2016 FC 1076 [ACCA]

IP Type

Trademarks

Summary

The ACCA case involves uniquely Canadian "official marks". Official marks, also known as prohibited marks, provide powerful trademark rights that trump all others, reserved for "public authorities". To qualify as a public authority, an entity must be under a degree of government control.

The plaintiffs served expert reports from two law professors on the issue of government control, offering the opinion that the defendants did not operate under a sufficient degree of government control to qualify as a public authority. Both reports were ruled inadmissible on a pre-trial motion, essentially because they were legal arguments guised as evidence.

The result in the ACCA case is consistent with the outcome in a recent decision of the Federal Court of Appeal relating to use of funds by a federal political party: Canada (Board of Internal Economy) v. Canada (Attorney General), 2017 FCA 43. In that case, the evidence of a law professor on the issue of comparative constitutional law was also held to be inadmissible on a pre-hearing motion, as it was effectively a legal opinion—i.e., the very expertise of the judge.


For further information on how to protect and enforce your intellectual property rights, contact Dominique Hussey, Jeilah Chan, or another member of the Intellectual Property Litigation team.


Equip is our platform for curated, key intellectual property cases.  Delivered weekly, Equip distills the current substantive and procedural issues in Canadian IP litigation, equipping you with the key points for your business.

Download PDF

Authors

  • Dominique T. Hussey Dominique T. Hussey, Vice Chair and Toronto Managing Partner
  • Jeilah Y. Chan Jeilah Y. Chan, Partner, Trademark Agent

Fall 2022 Economic Outlook: Managing Risks and Taking Action

Related Links

  • Insights
  • Media
  • Subscribe

Recent Posts

Blog

Field Notes: Recent Pesticide Initiatives in Canada

January 26, 2023
       

Blog

Canada Border Services Agency Publishes Update of [...]

January 25, 2023
       

Blog

Balancing Act: Facilitating Trade and Worker Protection [...]

January 18, 2023
       

Blog

Accounting for Oil and Gas Revenues Without an Operating Agreement

January 10, 2023
       

Blog

Ontario Court of Appeal Considers Interpretation of [...]

January 09, 2023
       
Bennett Jones Centennial Footer 100 Years
Bennett Jones Centennial Footer 100 Years
About
  • Leadership
  • Diversity
  • Community
  • Innovation
  • Security
  • History
Offices
  • Calgary
  • Edmonton
  • Montréal
  • Ottawa
  • Toronto
  • Vancouver
  • New York
Connect
  • Insights
  • News
  • Events
  • Careers
  • Students
  • Alumni
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
© Bennett Jones LLP 2023. All rights reserved.
  • Privacy Policy
  • Disclaimer
  • Terms of Use
Logo Bennett Jones