Novel pleadings alleging inferiority of grey market goods survive motion to strike

By May M. Cheng and Farai Munyurwa ( July 17, 2025, 10:58 AM EDT) -- The decision in Toyota Jidosha Kabushiki Kaisha (c.o.b. Toyota Motor Corp.) v. Marrand Auto Inc., 2025 FC 1105, issued on June 18, 2025, by Justice Janet Fuhrer, upheld a decision by Associate Judge Trent Horne that barely allowed the claim to survive a motion to strike. The decision appealed from had struck out the entire amended statement of claim with leave to amend only the claims advanced under paras. 7(b) and 22 of the Trademarks Act (TMA). The remaining claims under the Competition Act and s. 7(c) of the TMA were struck without leave to amend (see decision appealed from at Toyota Jidosha Kabushiki Kaisha (c.o.b. Toyota Motor Corp.) v. Marrand Auto Inc., [2024] F.C.J. No. 2505.)...