Knowledge About Cpr & Aed Certification Course
1. Justification for protection against passing off of cpr & aed certification course
The purpose of the tort and statutory protection against passing off is twofold: first, it protects the plaintiffs' proprietary rights in the goodwill of their business; and second, it protects the public interest in ensuring that consumers are not misled as to the source of goods or services. In this respect, passing off encroaches on both competition law and consumer protection law.
Professor David Vaver suggests generally that "the basic theory of the tort is to prevent the disruption of economic relations by deliberate or innocent misrepresentations that deceive or confuse consumers in their marketplace decisions." Vaver also notes the centrality and complementarity of both purposes in the tort of passing off and trade-mark law: The role of passing-off is therefore to rectify the likely harms one trader suffers from the acts of another that mistakenly deflect consumers from dealing with the former or his products or services. Although the tort grew up to protect the interests of traders rather than consumers, the less it works to prevent consumer confusion, the more it becomes merely a law protecting traders from unfair competition.
That goal may be what other torts, such as conspiracy or unlawful interference with economic relations, and Competition Act provisions regulating false and misleading advertising practices aim at. Passing-off need not replicate their aspirations. Protection against competitionIn Ciba-Geigy the Supreme Court of Canada explained the purpose of the law.
In exploring the function of passing off as an action against competition, the Court cited Salmond on Torts with endorsement: the courts have wavered between two conceptions of a passing off action as a remedy for the invasion of a quasi-proprietary right in a trade name or trade mark, and as a remedy, analogous to the action on the case for deceit, for invasion of the personal right not to be injured by fraudulent competition. The true basis of the action is that the passing off injures the right of property in the plaintiff, that right of property being his right to the goodwill of his business. The Court went on to say: The purpose of the passingoff action is thus also to prevent unfair competition.
One does not have to be a fanatical moralist to understand how appropriating another person's work, as that is certainly what is involved, is a breach of good faith. However, the action of passing off (and the law of trademarks in general) is not a substitute for unfair competition laws. The Supreme Court noted in a subsequent case, Kirkbi AG v.
Ritvik Holdings Inc. (popularly known as the Lego/Mega Bloks case), that "the purpose of a trade-mark . is the protection of the distinctiveness of the product, not of a monopoly on the product.
" Furthermore, "trade-marks law is not intended to prevent the competitive use of utilitarian features of products, but . fulfills a source-distinguishing function." Protection for consumersWhile the law of passing off historically developed to protect sellers of goods and services, it has also taken on a dimension of consumer protection.
In Mattel Inc v 3894207 Canada Inc (a case involving the Barbie trademark), the Supreme Court commented on this aspect: However, whatever their commercial evolution, the legal purpose of trade-marks continues (in terms of s. 2 of the Trade-marks Act, R.S.
C. 1985, c. T-13) to be their use by the owner "to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others".
It is a guarantee of origin and inferentially, an assurance to the consumer that the quality will be what he or she has come to associate with a particular trade-mark (as in the case of the mythical "Maytag" repairman). It is, in that sense, consumer protection legislation. Due to the nature of trademark law as a consumer protection measure, there is some debate as to whether "post-sale confusion" (as in the case of a consumer knowingly purchasing counterfeit goods but fooling others into thinking they are the real thing) should be an actionable trademark infringement or considered under the tort of passing off.
Some observers suggest that trademark law would be better served and more consistent by making post-sale confusion an actionable infringement. Others suggest that post-sale confusion should not be actionable, or that other laws may be better suited to protect manufacturers from counterfeit goods. In Canada, post-sale confusion is not a cause for action under either the Trade-marks Act or the common law tort of passing off.
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2. Arterial roads of cpr & aed certification course
Albion RoadAlbion Road was created as a private road for French teacher Jean du Petit Pont de la Haye (17991872) to his estate in the area (the plank road was built in 1846 by Weston Plank Road Company from Musson's Bridge over Humber River to Bolton). Originally called Clairville, it was renamed for the Albion Township, which was the eastern third of the present-day (since 1973/1974) boundaries of Caledon.
The road is located within Toronto, starting at the intersection of Weston Road and Walsh Avenue (continues eastward as Wilson Avenue) and heads northwest to Albion and Steeles (becoming County Road 50). The beginning of the road is Walsh Avenue, a short connector between Albion Road and Wilson Avenue. The intersection at Weston Road and Walsh Avenue is a ramp with two traffic lights for Albion Road/Walsh Avenue and none for Weston Road.
Albion Road northwest of Highway 27 was formerly Highway 50, but later became Peel Regional Road 50 and Simcoe County Road 50. The northern end of Highway 50 is Ontario Highway 89 by the town of New Tecumseth in Simcoe County. Albion Road is served by TTC route 73C and the southern section is served by route 118.
Danforth RoadDanforth Road is a historically related arterial street in Toronto, Ontario, Canada. Danforth Road splits off Danforth Avenue west of Warden Avenue and runs diagonally northeast until south of Lawrence Avenue, where it continues as McCowan Road. McCowan Road ends at Baseline Road located in Georgina, which is the northernmost municipality in York Region.
Line 2 BloorDanforth of the Toronto subway runs just north of Danforth Avenue from the Don River as far as Main Street station, before gradually veering north as it heads east. The route is also served by TTC route 16. Kingston RoadKingston Road is the southernmost major road along the eastern portion of Toronto, specifically in the district of Scarborough.
Until 1998, it formed a portion of Highway 2. The name of the street is derived from Kingston, Ontario, as the road was the primary route used to travel from Toronto to the settlements east of it situated along the shores of Lake Ontario; in the west end of Kingston, this highway was referred to as the York Road (referring to Toronto) until at least 1908. Due to its diagonal course near the shore of Lake Ontario, the street is the terminus of many arterial roads in eastern Toronto, both eastwest and northsouth, with a few continuing for a short distance after as minor residential streets.
However, Lawrence Avenue continues as a major arterial for a considerable distance beyond it. Kingston Road is served by Toronto Transit Commission routes 502/503/22A, 12, 102 and 86/86E/905. Rexdale BoulevardRexdale Boulevard is a short, but major eastwest but mostly diagonal roadway in Rexdale, a neighbourhood in Toronto, and begins as a spur road off Islington Avenue just north of the 401.
This spur originally began in the former village of Weston as a road northwest to what would later become Brampton, Ontario. The current road passes through a mostly light industrial stretch of north Etobicoke. West of Highway 427, Rexdale Boulevard becomes Derry Road and enters the city of Mississauga.
Derry is also signed as Peel Regional Road 5, an eastwest route that travels the entire length of the city of Mississauga and Peel Region. Derry Road is the northern boundary of Toronto Pearson International Airport. The intersection of Derry and Airport Road was once the site of Malton, itself a part of Mississauga.
West of the intersection with Mavis Road, the road makes a large arc around the former village of Meadowvale. The bypassed stretch was renamed Old Derry Road and can also be seen in a small stretch of Syntex Crescent. Derry Road is named for the "lost village" of Derry West, which was located around the Hurontario Street and Derry intersection.
Derry West was named after Derry in Northern Ireland and home of many settlers in the area. West of Highway 407, Derry Road enters Halton Region as Halton Regional Road 7. This stretch of road is mainly rural except for the section between James Snow Parkway and Tremaine Road in Milton.
After passing through another rural stretch, the road ends at Milburough Line in the town of Carlisle in Hamilton (formerly in Flamborough before amalgamating with Hamilton in January 2001). The street is served by TTC route 37A, a branch of 37 Islington.
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