In a trademark and passing off action, the Federal Court partially granted the defendants’ motion for summary judgment. The Court struck claims against a director of both defendants on the basis of “insufficient evidence” the director participated in any act or authorized any conduct to the level required by the Mentmore and Normart appellate decisions. The claim against a first corporate defendant was struck because the impugned activities were performed by a different entity and the defendant could not be “liable for the acts of another company by reason of a common directing mind.” Further, the defendant did not exist at the relevant time. The claims against the second corporate defendant were not struck and will proceed to trial.
7294140 Canada Inc. DBA Zoomtoner v. Connexlogix Inc., 2023 FC 1010