Immigration Consultants of Canada Regulatory Council v. College of Immigration and Citizenship Consultants Corp., 2021 FC 1434

Justice Furlanetto - 2021-12-16

Read full decision. Automatically generated summary:

Since 2011, the Plaintiff, Immigration Consultants of Canada Regulatory Council [ICCRC], has been the designated national self-regulator of immigration and citizenship consultants in Canada. ... In this action, the Plaintiff takes issue with the Defendants’ use of the name “The College of Immigration and Citizenship Consultants”, with and without “CICC”, in connection with CICC’s business. It also takes issue with content posted on CICC’s website and LinkedIn page that CICC is, or will become, the College and the regulator of immigration and citizenship consultants. ... In this motion for summary judgment, Mr. Dean seeks to remove himself as a party Defendant. In the statement of claim, the Plaintiffs assert that Mr. Dean, acting as CEO and Managing Director of CICC, sent a letter to ICCRC’s members, dated June 25, 2020, notifying them to join CICC as it transitions to be the regulatory body. The Plaintiff alleges that Mr. Dean is personally liable for wilfully, deliberately and knowingly acting in concert with CICC in breach of sections 7(a) and 9(1)(d) of the Trademarks Act. ... For the reasons that follow, I am unable to conclude that there is no genuine issue for trial as it relates to Mr. Dean personally. Further, I am of the view that the determination of the allegations against Mr. Dean will involve an assessment of the credibility of a number of factual witnesses and that the Court would benefit from those witnesses’ live testimony. As such, the motion is dismissed.

Decision relates to:



Canadian Intellectual Property