Background

• Edgewater Park Lodge Inc. (“Edgewater”) operates Red Canoe Restaurant in Kearney, Ontario, since 2018.
• Robert and Carol Cadman opened Red Canoe Family Restaurant in South River, Ontario, in October 2022 and registered the name in August 2023.
• Edgewater sought a permanent injunction and $500 compensation under section 6 of the Business Names Act (BNA), arguing the name was deceptively similar and caused confusion.

Legal Issues & Court Analysis

1. Passing Off
   • The court applied the Ciba-Geigy test:
     • Goodwill – Edgewater had established goodwill since 2018.
     • Deception – Public confusion was evident from online searches, social media comments, and mixed business listings.
     • Damage – Potential harm included loss of goodwill and reputation.
2. Procedural Challenge
   • The respondents argued the matter should have been brought as an action, not an application.
   • The court ruled Rules 1.04 and 2.01 allowed the case to proceed as an application.
3. Injunction & Relief
   • The court found the name “deceptively similar” and granted:
     • A permanent injunction prohibiting the respondents from using the name.
     • Mandatory removal of all related advertisements and social media content.
     • $500 statutory damages under section 6(2) of the BNA.

Conclusion

• The court ruled in favor of Edgewater, finding a likelihood of confusion and potential harm.
• Costs submissions were ordered for further determination.