IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Maritime Travel Inc. v. Go Travel Direct.Com Inc., 2008 NSSC 163
Date: 20080530
Docket: SH No. 192257
Registry: Halifax
Between:
Maritime Travel Inc., a body corporate
Plaintiff
and
Go Travel Direct.Com Inc., a body corporate
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Suzanne M. Hood
Heard: January 28-31 and February 1, 2008, in Halifax, Nova Scotia
Written Decision: May 30, 2008
Subject: Competition Act, ss. 36(1) & 52; false or misleading advertising; causation; burden of proof.
Summary: Maritime Travel commenced action against Go Travel Direct with respect to advertisements Go Travel Direct ran referring to Maritime Travel. Maritime Travel says the ads are false or misleading under the Federal Competition Act, R.S.C. 1985, c. C-34 and seeks damages pursuant to that Act.
Issues: 1. Were the ads or any of them false or misleading in a material respect?
2. If so, damages:
a) from the entire advertising campaign by Go Travel Direct; or
b) from any false or misleading ads.
Result: Ads in 2003 and 2005 not false or misleading in a material respect; ad in 2004 was. Damages awarded for the latter. Athey v. Leonati, [1996] 3 S.C.R. 458, considered.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.