THE ADVOCATE 151
VOL. 80 PART 1 JANUARY 2022
dle Ages. Beginning in the late Roman / early Christian era, an alms box
would be placed in the narthex of Christian churches to collect donations to
the poor. Some reports also link Boxing Day to the Feast of Saint Stephen,
falling on the same day. On that date, alms boxes would be opened and distributed
to the poor. Bring back the alms box!
In the trademark context, “a difference in wares or services does not deliver
the knockout blow, but nor does the fame of the trade-mark. Each situation
must be judged in its full factual context”: Mattel, Inc. v. 3894207 Canada
Inc., 2006 SCC 22.
Allan P. Seckel, Q.C., was appointed to the Medical Services Commission
as the third alternate member for a term ending October 1, 2022.
The Ontario Labour Relations Board lost patience with scheduling
exchanges in United Association of Journeymen and Apprentices of the Plumbing
and Pipefitting Industry of the United States and Canada, Local 67 v. Lockerbie
& Hole Eastern Inc., 2006 CanLII 35303:
The Board now has before it correspondence from the parties vigorously
contesting the dates for the filing of the responding parties’ briefs, and
the applicant’s reply brief. Setting such dates should be a relatively simple
matter for the competent and experienced counsel litigating herein.
Instead, the rhetoric in the correspondence is more reminiscent of the
hoopla surrounding a championship boxing match than the simple language
required to set a date.
Jessica L. Derynck and Devyn M. Cousineau were both reappointed to the
British Columbia Human Rights Tribunal for terms ending November 1,
2025 and May 1, 2027, respectively.
In order for the Federal Court of Appeal to strike a notice of application for
judicial review, “there must be a “show stopper” or a ‘knockout punch’ – an
obvious, fatal flaw striking at the root of this Court’s power to entertain the
application”: see, e.g., Canada (National Revenue) v. JP Morgan Asset Management
(Canada) Inc., 2013 FCA 250.
Merle C. Alexander, Q.C., was reappointed as a member of the board of the
University of Victoria for a term ending December 31, 2023.
Nancy G. Merrill, Q.C., was appointed as a member of the Judicial Council
of the Provincial Court of British Columbia for a term ending November 15,
2023.