Clorox Company of Canada, Ltd. v Chlorotec s.e.c. In Clorox Company of Canada, Ltd. v Chlorotec s.e.c., Clorox argued before the Federal Court of Appeal that the Federal Court had erred in rejecting the new evidence filed, and in applying the reasonableness standard to the Board’s decision. Until he was 16 he had no idea he was the son of Russian sleeper spies. Vavilov’s case, because there was a split decision at appeal court, would have ended up at the Supreme Court of Canada anyway. Other Government i) Vavilov standard of review The court clarified Corporation: 1 In-House Counsel A Federal Court judge sided with Vavilov and so did the Federal Court of Appeal in a 2-1 decision. Vavilov was born in Toronto in 1994 into a family that was from all appearances Canadian. Become your target audience’s go-to resource for today’s hottest topics. The reasonableness standard means the decision should be judged by whether it is logical and makes sense, given the facts and the law in the case. Immigration) v. Vavilov Judgment of December 19, 2019 | On appeal from the Federal Court of Appeal Neutral citation: 2019 SCC 65 A person born in Canada to parents who were undercover Russian spies is a Canadian citizen, contact@thelawyersdaily.ca | 1-800-668-6481 | Subscribe | About | User Guide | Key Features And Benefits | Terms of Use | Privacy | Cookie Settings, Enter your details below and select your area(s) of interest to receive daily newsletters. In 2010 the FBI arrested the parents who were subsequently sent back to Russia in a spy swap. iPolitics publishes content everyday, throughout the day. Generally the approach is to be based on “reasonableness”. A Federal Court judge sided with Vavilov and so did the Federal Court of Appeal in a 2-1 decision. The top court chose these cases to forge a new interpretive standard of how decisions by administrative tribunals should be reviewed by courts. Please contact customerservices@lexology.com. The Federal Court of Appeal noted that the Supreme Court’s Vavilov decision had “no bearing on the standard of review that this Court must apply when examining the Federal Court’s finding in relation to the materiality of new evidence”, and that a palpable and overriding error standard applied. Law Firm: 11-49 Lawyers LexisNexis may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest. Keep a step ahead of your key competitors and benchmark against them. Corporation: 6+ In-House Counsel The appeal was dismissed, and costs were awarded in favour of Chlorotec. Law Firm: 6-10 Lawyers All Rights Reserved. Under a section of the Immigration Act, the children of diplomats and some of their employees who enjoy diplomatic immunity while in Canada cannot become citizens just because they are born here. The top court set a new standard that will be henceforth known as the “Vavilov framework”. You can learn more about how we handle your personal data and your rights by reviewing our Privacy Policy. No. Clorox opposed Chlorotec’s applications on the basis of a likelihood of confusion with its JAVEX marks associated with bleach and laundry detergents. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. [2020] F.C.J. sufficiently substantial and significant and of probative value), the Federal Court could exercise any discretion vested in the Registrar, effectively resulting in an appeal de novo, and the application of the correctness standard to the Federal Court’s decision. Sole Practitioner Canadians are more likely to come in contact with tribunals than they are courts of law because there are so many quasi-judicial bodies that rule on so many aspects of Canadian life – on labour disputes, immigration, energy project decisions, human rights complaints, cell phone and internet provider contracts and other issues. © Copyright 2020 iPolitics. It found, “The registrar’s decision in this case had the same effect as a revocation of citizenship – a process which has been described as a ‘kind of political death’ – depriving Mr. Vavilov of his right to vote and the right to enter and remain in Canada.”. However, his appeal was bundled with two other appeals involving a CRTC decision about allowing American ads to be shown on the Super Bow broadcast. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries@lexology.com. After the U.S. revoked the family’s citizenship, Russia gave them Russian passports and birth certificates. It is said that seven of the top court’s nine judges have spent the last year writing a new framework to apply to the process of legally reviewing decisions made by administrate tribunals. The Federal Court of Appeal noted that the Supreme Court’s Vavilov decision had “no bearing on the standard of review that this Court must apply when examining the Federal Court… She did this by reviewing his file and coming to the conclusion that his parents were unofficial employees or representatives of the Russian government. In a recent decision of the Supreme Court of Canada, Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65, the court attempted to clarify and simplify the test for judicial... Canada has mixed approach on regulating paralegals; greater acceptance needed: industry voices, Company had no duty of care to sandwich shops impacted by meat recall: SCC, Ottawa extends funding for innovative business subsidy, How business owners and counsel can respond to copyright demand letters, The Friday Brief: Managing Editor’s must-read items from this week, Paralegal Roundup: News, analysis and opinion published this week. -- Select a Firm Type -- If you hear the word JAVEX, chances are you think of the bleach products associated with that mark. READ MORE: Top court Justice Clément Gascon sits on his last case. Long in use, the JAVEX marks recently came under fire in an appeal of a Trademarks Opposition Board decision where Chlorotec, a company that manufactures industrial cleaning products, applied to register its JAVELO marks in association with bleaching and cleaning preparations. The Federal Court found the new evidence “sketchy” and held that it did “not make it possible to determine the extent of [the use of the marks] nor to assess the extent of the marks’ acquired distinctiveness”. Stratas JA suggested that Rogers survives Vavilov, for three reasons: first, Rogers is of recent provenance and had the Supreme Court wanted to overrule it, the Vavilov majority could have said so in terms; second, Rogers can be The Vavilov case attracted over two dozen interveners, including four attorneys general,and many groups regulated by tribunals such as the Canadian Labour Congress, the Canadian Council of Refugees and the Ontario Advocacy Centre for Tenants. Student, Create a secure password (at least eight characters). It also observed that if new material evidence was filed (i.e. It seems that for Chlorotec, however, it all “came out in the wash”. Understand your clients’ strategies and the most pressing issues they are facing. However, the Court of Appeal also observed that if no new evidence is adduced or if it is rightly found not to be material or sufficiently substantial and significant, Vavilov requires a “fresh start” for the standard of review. Questions? Faculty Member READ MORE: SCC rules migrant detainees can seek court protection from unlawful custody. Vavilov was 16. Court It remains to be seen whether Clorox will try to “brighten” its prospects by seeking leave to appeal to the Supreme Court of Canada. The Supreme Court of Canada in a unanimous decision has found Alexander Vavilov is a Canadian citizen and can stay in Canada. 508). The information is very useful indeed. Vavilov had lost his citizenship without a hearing and there was no right of appeal. It prescribes the standard to be used when tribunal decisions are judged by courts. A chart that apparently detailed the JAVEX brand sales in Canada was unhelpful because the sales figures for each year over nine years was the same rounded number – and there was no breakdown of the sales by the various JAVEX marks at issue. The story of Russian nationals seamlessly integrating into American society while passing high-level classified information to a foreign power was the basis for the long-running hit TV series “The Americans.”. AI in Focus: BlueDot and the Response to COVID-19, Supreme Court finds Facebook’s forum selection clause unenforceable, Patents and Their Role in a COVID-19 Cure, The Canadian Patent Office Releases New Guidelines: The Diagnostic’s Industry Should Be Cautiously Optimistic, Clorox v Chloretec: The Application of Vavilov in the Trademarks Context, Case Summary: Clorox unsuccessfully appealed a decision of the Registrar of Trademarks rejecting Clorox’s opposition to trademark registrations filed by Chlorotec, Canadian Federal Court of Appeal applies new standard of review in appeal of registrar, Clorox files new 337 complaint regarding Certain Laundry and Household Cleaning Products, FTC rebukes its prior Robinson-Patman rulings in Clorox amicus brief, Supreme Court Declines to Hear Seventh Circuit Case Holding That Bulk Packaging Does Not Constitute a Promotional Service Under the Robinson-Patman Act.
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