Remitbee Incorporated v Remitly, Inc., 2025 FC 81
Justice Fuhrer - 2025-01-15
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In this case, the Court addressed the opposition of two trademark applications related to electronic funds transfer services. The Applicant's appeal against a prior decision rejecting its opposition to the Respondent's trademark was dismissed. Conversely, the Respondent's opposition to the Applicant's trademark resulted in its refusal. The Applicant subsequently sought to strike expert affidavits presented by the Respondent, arguing they expressed legal opinions on domestic law, which are inadmissible per established jurisprudence. The Court granted the motion to strike the affidavits, determining they constituted legal opinions on matters concerning the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, thus impinging upon the Court's role as an expert in law. This decision underscores the Court’s gatekeeping function and establishes that such expert opinions are not needed for addressing issues of domestic law, aligning with prevailing legal standards.
Decision relates to:
- T-1758-22 - REMITBEE INCORPORATED v. REMITLY, INC.
- T-2621-23 - REMITBEE INCORPORATED v. REMITLY, INC.