Patel v. Dermaspark Products Inc, 2025 FCA 145
Justice Stratas; Justice LeBlanc; Justice Biringer - 2025-08-13
Read full decision. Automatically generated summary:
This is an appeal from the judgment of the Federal Court (per Kane J.): 2023 FC 388. The Federal Court decided that the appellants were liable, jointly and severally, in the amount of $45,000, representing statutory damages of $5,000 for copyright infringement, $20,000 for trademark infringement, passing off, depreciation of goodwill and unfair competition, and $20,000 for punitive damages. The Federal Court also awarded pre-judgment and post-judgment interest in the amount of 2% above the prime rate, compounded half yearly. … This appeal demonstrates, as many do, that the standard of review is all-important on appeals. In many ways, the appellants would like this Court to revisit many of the issues the Federal Court decided. This we cannot do. … Appellate courts bandy around the phrase “questions of mixed fact and law” but seldom define it, much to the prejudice of young practitioners, most of whom graduated from law schools that did not instruct them on the standard of review. For their benefit, questions of mixed fact and law are those where appellate courts apply the law to the facts of the case. … As a matter of law, the mere non-mention of evidence, without more, does not qualify as palpable and overriding error. … Therefore, I would dismiss the appeal with costs.
Decision relates to:
- A-108-23 - BINAL PATEL ET AL v. DERMASPARK PRODUCTS INC. ET AL which is an appeal from 2023 FC 388 in T-1308-20