Originally Posted By: rwand1
This post was automatically imported from our archived forum.
http://www.canlii.org/ca/cas/fca/2002/2002fca218.html
Ontario Association of Architects (Appellant)
v.
Association of Architectural Technologists of Ontario (Respondent)
Indexed as: Ontario Assn. of Architects v. Assn. of Architectural Technologists of Ontario (C.A.)
Court of Appeal, Stone, Evans and Sharlow JJ.A.-- Toronto, April 23; Ottawa, May 28, 2002.
Fwiw AATO is set up the same way as OAHI it was enacted under a private members bill. I know one idiot that is member and he thinks AATO is set up like Architects Act and Engineering Act, but when you have an ego and think you know everything I guess it goes with the territory.
Trade-marks -- Official Marks -- Appeal from Trial Division's dismissal of application to reverse Registrar of Trade-marks' decision to give public notice of adoption, use of official mark by Association of Architectural Technologists of Ontario (AATO) -- Only public authority may register official mark under Trade-marks Act, s. 9(1)(n)(iii) -- AATO not-for-profit corporation, incorporated by letters patent, continued by private Act of Ontario Legislature -- Applications Judge holding AATO public authority as controlled by Legislature which could amend enabling legislation -- Appeal allowed -- Application of two-part test of degree of governmental control, public benefit to determine whether public authority -- Duty to do some thing of benefit to public (third part of English test) may be relevant as element of public benefit -- Government control of otherwise private organization requiring some ongoing supervision of activities -- Legislature's exclusive power to change AATO's statutory objects, powers, duties insufficient to satisfy government control test because not allowing government to exercise ongoing influence -- AATO's activities benefit public -- Setting, enforcing standards of professional competence regulating part of practice of profession, providing public with some assurance as to competence, honesty of members -- That activities may also benefit members not fatal to characterization of public benefit.
Trade-marks -- Practice -- Registrar of Trade-marks giving public notice of adoption, use by Association of Architectural Technologists of Ontario (AATO) of official marks -- Ontario Association of Architects applied to Trial Division for order reversing Registrar's decision pursuant to Federal Court Rules, 1998, governing both applications for judicial review, appeals under Trade-marks Act, s. 56, without specifying which remedial route pursuing -- Should be treated as application for judicial review, not as appeal -- Nothing in scheme of Trade-marks Act, s. 9(1) justifying departure from normal principle person who was neither party, nor intervener in proceedings having no standing to exercise statutory right of appeal.
--
Raymond Wand
Alton, ON
The value of experience is not in seeing much,
but in seeing wisely. - Sir William Osler 1905
NACHI Member
Registered Home Inspector (OAHI)
http://www.raymondwand.ca