Kashruth Council of Canada v 1412189 Ontario Inc., 2018 CanLII 130064
Read full decision. Summary prepared by Alan Macek:
"The plaintiff, the Kashruth Council of Canada (the “Council”), is a not-for-profit kosher certification agency located in Toronto. The Council provides kosher certification for food products using the “COR” kosher trademark symbol Registration No. TMA617,158. ... The plaintiff states that the defendant Adee intentionally marketed its products as COR kosher certified when they are not, and have further marketed products as “kosher pareve” when they are in fact not “pareve”, and are “dairy” and not kosher. As a result of the defendants’ continued unauthorized use of the COR trademark, the Council claims damages, abandoning any resultant damage award over $25,000 to fall within this court’s jurisdiction ... I am satisfied, based on the Council’s evidence given through Mr. Rabkin, that there has been damage to its reputation, but the damages are difficult to assess. In such circumstances, the Court must make its best assessment possible, based on the evidence of Mr. Rabkin and materials tendered. In all the circumstances, I find that $20,000 is a fair and reasonable assessment of damages. The plaintiff is entitled to $20,000 in damages, in breach of contract and pursuant to section 53 of the Trade-marks Act against the defendant Adee. ... The defendant Adee is also ordered to pay to the plaintiff $5,000 for punitive damages."