Ontario Court of Appeal Dismisses Appeal from Summary Judgment in Copyright and Trademark Infringement Action

On March 27, 2017, in Boaden Catering Limited v Real Food for Real Kids Inc, 2017 ONCA 248, the Ontario Court of Appeal dismissed the plaintiff, Boaden Catering Limited’s (Boaden’s) appeal in its entirety, affirming the decision of the lower court (previously reported in E-TIPS® here).  In the decision below, the Motions Judge summarily dismissed Boaden’s action finding that Boaden registered the domain names at issue in bad faith for the purpose of disrupting the business of the defendant, RFRK, and seeking illegitimate financial gain.

The Court of Appeal rejected the grounds of appeal based on the alleged denial of procedural fairness.   It also dismissed Boaden’s appeal based on an alleged error of law committed by the Motions Judge in failing to consider Boaden’s evidence of its legitimate rights in the domain names.

Summary By: David Bowden