NOVA SCOTIA COURT OF APPEAL
Citation: Go Travel Direct.Com Inc. v. Maritime Travel Inc.,
2009 NSCA 42
Docket: CA 297729
Registry: Halifax
Between:
Go Travel Direct.Com Inc., a body corporate
Appellant
v.
Maritime Travel Inc., a body corporate
Respondent
Judge: The Honourable Justice Jill Hamilton
Appeal Heard: January 27, 2009
Subject: Section 52 of the Competition Act, R.S.C. 1985, c. C-34, causation and damages
Summary: The trial judge found that Go Travel (“Go”) knowingly made a misleading representation to the public in a material respect, contrary to s.52 of the Compentition Act, in its 2004 newspaper advertisement but not in its 2003 or 2005 ads comparing the prices of its Southern vacation packages to those available through Maritime Travel (“Maritime”). She found this caused Maritime to suffer damages and quantified them. Prior to trial the judge admitted an expert report that she later did not accept and after trial ordered Go to contribute to the cost of its preparation. Go appealed and Maritime cross appealed.
Issue: Did the judge err in finding Go’s 2004 ad breached s. 52 of the Act; that its 2005 ad did not; in determining causation; in assessing damages; in admitting Maritime’s expert report or in ordering Go to contribute to Maritime’s cost of its expert?
Result: Appeal and cross appeal dismissed. The judge did not err in any respect.
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This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 47 pages. |