Written by Catherine A. Crang and Suzanne M. Porteous
The law of passing-off in Canada originated with deceit and trademark laws in the nineteenth century. It subsequently evolved to become a common law tort used to protect businesses from competitors who misuse their trademark or trade name in connection with the goods and services offered by the competitor. It is often summarized by the now antiquated statement that “no man should pass off his goods as those of another”.
