Volkswagen Canada Inc. v. Access International Automotive Ltd.
T-319-98
Giles A.S.P.
19/4/99
3 pp.
Motion to strike out all references in statement of defence, counterclaim to Competition Act, s. 32, practices on grounds such practices can only be prosecuted on information exhibited by Attorney General-Defendant responding should be allowed to allege practices contrary to Act as evidence of lack of "clean hands" in order to respond to plaintiff's plea for injunction-S. 32 providing relief not with respect to use of trade mark to lessen competition, but with respect to unduly limiting competition-Whether acts result in undue consequence can only be determined on information of Attorney General-Trade mark intended to limit competition-S. 32 addressing "undue" aspect-S. 32 cannot, until court finding undue consequences, be used as defence, counterclaim in action respecting trade marks-Motion allowed-Competition Act, R.S.C., 1985, c. C-34 (as am. by R.S.C., 1985 (2nd Supp.), c. 19, s. 19), s. 32 (as am. by S.C. 1990, c. 37, s. 29).