Expert affidavits containing legal opinions on domestic law struck as inadmissible in trademark appeal.
In consolidated appeals under s. 56 of the Trademarks Act regarding trademark oppositions for REMITBEE and REMITLY, the applicant moved to strike two expert affidavits filed by the respondent.
The affidavits contained legal opinions on whether the applicant complied with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
The Federal Court granted the motions, striking the affidavits because they constituted legal opinions on domestic law, which are inadmissible as they usurp the court's role.
Costs of $3,000 were awarded to the applicant.
