Pentastar Transport Ltd. v. FCA US LLC, 2020 FC 367
| Jurisdiction | Federal Jurisdiction (Canada) |
| Citation | 2020 FC 367 |
| Court | Federal Court (Canada) |
| Date | 12 March 2020 |
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12 practice notes
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Beverly Hills Jewellers MFG Ltd. v. Corona Jewellery Company Ltd.,
...appears to be the only reported case so far involving an appeal under the regime of the Act: see, Pentastar Transport Ltd. v. FCA US LLC, 2020 FC 367 (F.C.) at paras. 42-45. For questions of fact and mixed fact and law (except for extricable questions of law), the applicable standard is the......
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Beverly Hills Jewellers MFG Ltd. v. Corona Jewellery Company Ltd.,
...appears to be the only reported case so far involving an appeal under the regime of the Act: see, Pentastar Transport Ltd. v. FCA US LLC, 2020 FC 367 (F.C.) at paras. 42-45. For questions of fact and mixed fact and law (except for extricable questions of law), the applicable standard is the......
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Anterra Wines Canada, Inc. v. Diageo North America, Inc., 2020 FC 508
...and Immigration), 2017 FCA 157 [Mahjoub] at paras 61-70, cited in favour recently by Justice Kane in Pentastar Transport Ltd v FCA US LLC, 2020 FC 367: [61] Palpable and overriding error is a highly deferential standard of review: Benhaim v. St. Germain, 2016 SCC 48, [2016] 2 S.C.R. 352 at ......
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The Clorox Company of Canada, Ltd. v. Chloretec S.E.C., 2020 FCA 76
...appears to be the only reported case so far involving an appeal under the regime of the Act: see Pentastar Transport Ltd. v. FCA US LLC, 2020 FC 367 at paras. 42-45. For questions of fact and mixed fact and law (except for extricable questions of law), the applicable standard is therefore t......
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7 cases
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Beverly Hills Jewellers MFG Ltd. v. Corona Jewellery Company Ltd.,
...appears to be the only reported case so far involving an appeal under the regime of the Act: see, Pentastar Transport Ltd. v. FCA US LLC, 2020 FC 367 (F.C.) at paras. 42-45. For questions of fact and mixed fact and law (except for extricable questions of law), the applicable standard is the......
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Beverly Hills Jewellers MFG Ltd. v. Corona Jewellery Company Ltd.,
...appears to be the only reported case so far involving an appeal under the regime of the Act: see, Pentastar Transport Ltd. v. FCA US LLC, 2020 FC 367 (F.C.) at paras. 42-45. For questions of fact and mixed fact and law (except for extricable questions of law), the applicable standard is the......
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Anterra Wines Canada, Inc. v. Diageo North America, Inc., 2020 FC 508
...and Immigration), 2017 FCA 157 [Mahjoub] at paras 61-70, cited in favour recently by Justice Kane in Pentastar Transport Ltd v FCA US LLC, 2020 FC 367: [61] Palpable and overriding error is a highly deferential standard of review: Benhaim v. St. Germain, 2016 SCC 48, [2016] 2 S.C.R. 352 at ......
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The Clorox Company of Canada, Ltd. v. Chloretec S.E.C., 2020 FCA 76
...appears to be the only reported case so far involving an appeal under the regime of the Act: see Pentastar Transport Ltd. v. FCA US LLC, 2020 FC 367 at paras. 42-45. For questions of fact and mixed fact and law (except for extricable questions of law), the applicable standard is therefore t......
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5 firm's commentaries
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IP Litigation 2020 Year In Review
...(Attorney General); National Football League. v. Canada (Attorney General), 2019 SCC 66. 77. Pentastar Transport Ltd. v. FCA US LLC, 2020 FC 367(Justice 78. Arterra Wines Canada, Inc. v. Diageo North America, Inc., 2020 FC 508 (Justice Fuhrer). 79. Obsidian Group Inc v. Canada (Attorney Gen......
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Year In Review ' Key Trademark Cases From 2020
...on March 12, 2020, Justice Kane was the first to apply Vavilov in a trademark opposition appeal in Pentastar Transport Ltd. v. FCA US LLC, 2020 FC 367. Justice Kane noted that Vavilov established that reasonableness is the presumptive standard of review for administrative decisions, but tha......
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Clorox V Chloretec: The Application Of Vavilov In The Trademarks Context
...established in Housen v Nikolaisen). 6. Supra note 2, para. 21. 7. Supra note 2, para. 23. 8. Pentastar Transportation Ltd v FCA US LLC, 2020 FC 367, para 9. Dunsmuir v New Brunswick, 2008 SCC 9. 10. H L v Canada (Attorney General), 2005 SCC 25, para. 70. 11. Supra note 5, para. 6. The fore......
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The New Standard Of Review In Trademark Opposition Appeals: Federal Court Of Appeal Calls For A "fresh Start"
...decision would withstand most appeals. Vavilov has thrown that into serious question. Footnotes 1 Pentastar Transport Ltd. v. FCA US LLC, 2020 FC 367 2 The Clorox Company of Canada, Ltd. v. Chloretec S.E.C., 2020 FCA 76 3 2019 SCC 65 To discuss these issues, please contact the author(s). Th......
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