Case information
Consult our database for details on a Supreme Court of Canada case.
39550
Vinh Phat Steven Dong (a.k.a Steven Dong), et al. v. Royal Pacific Real Estate Group Ltd., et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2021-06-16 | Close file on Leave | |
| 2021-06-16 | Correspondence (sent by the Court) to, parties, Re: certificate of taxation | |
| 2021-06-16 | Certificate of taxation issued to, Mr. Scott Foster | |
| 2021-06-16 | Decision on the bill of costs, in the amount of $1,152.20, DeRg | |
| 2021-06-16 | Submission of the bill of costs, DeRg | |
| 2021-05-19 | Bill of costs, (Letter Form), Completed on: 2021-06-11, (Printed version due on 2021-05-27) | Royal Pacific Real Estate Group Ltd. |
| 2021-05-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-05-06 | Judgment on leave sent to the parties | |
| 2021-05-06 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA45538, 2020 BCCA 323, dated November 20, 2020 is dismissed with costs. Dismissed, with costs |
|
| 2021-04-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-03-18 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-04-01, (Printed version due on 2021-03-25) | Vinh Phat Steven Dong (a.k.a Steven Dong) |
| 2021-03-12 | Certificate (on limitations to public access), Form 23A | Royal Pacific Real Estate Group Ltd. |
| 2021-03-12 | Notice of name | Royal Pacific Real Estate Group Ltd. |
| 2021-03-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-04-01, (Printed version filed on 2021-03-12) | Royal Pacific Real Estate Group Ltd. |
| 2021-02-11 | Letter acknowledging receipt of an incomplete application for leave to appeal, File opened 2021-02-11 | |
| 2021-01-19 | Certificate (on limitations to public access), Amended version required. Rec'd 2021-02-08 | Vinh Phat Steven Dong (a.k.a Steven Dong) |
| 2021-01-19 | Notice of name, Amended version required - Rec'd 2021-02-08 | Vinh Phat Steven Dong (a.k.a Steven Dong) |
| 2021-01-19 |
Application for leave to appeal, (Book Form), Required: - Amended Notice of application - Rec'd 202-02-08 - Copy of complete application - Rec'd 202-02-08 - Amended Form 23A - Rec'd 202-02-08 - Filing fee (received 2021-02-25) - Amended Notice of application (rec'd 2021-02-24) - Amended Copy of complete application (rec'd 2021-02-24), Completed on: 2021-02-25 |
Vinh Phat Steven Dong (a.k.a Steven Dong) |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Dong (a.k.a Steven Dong), Vinh Phat Steven | Applicant | Active |
| Maijan Holdings inc. | Applicant | Active |
| BLIIP Box inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Royal Pacific Real Estate Group Ltd. | Respondent | Active |
| Royal Pacific Realty (Kingsway) Ltd. | Respondent | Active |
Counsel
Party: Dong (a.k.a Steven Dong), Vinh Phat Steven
Counsel
330-1168 Hamilton Street
Vancouver, British Columbia
V6B 2S2
Telephone: (604) 363-7121
Email: mfunt@bfg-law.ca
Party: Maijan Holdings inc.
Counsel
330-1168 Hamilton Street
Vancouver, British Columbia
V6B 2S2
Telephone: (604) 363-7121
Email: mfunt@bfg-law.ca
Party: BLIIP Box inc.
Counsel
330-1168 Hamilton Street
Vancouver, British Columbia
V6B 2S2
Telephone: (604) 363-7121
Email: mfunt@bfg-law.ca
Party: Royal Pacific Real Estate Group Ltd.
Counsel
Emilie Feil-Fraser
2300-550 Burrard Street
Vancouver, British Columbia
V6C 2B5
Telephone: (604) 443-7655
Email: scott.foster@gowlingwlg.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Royal Pacific Realty (Kingsway) Ltd.
Counsel
Emilie Feil-Fraser
2300-550 Burrard Street
Vancouver, British Columbia
V6C 2B5
Telephone: (604) 443-7655
Email: scott.foster@gowlingwlg.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Intellectual property — Trademarks — Torts — Passing off — What is the proper approach to determining the misrepresentation component of the tort of passing off and should damages be presumed — Where a contractual relationship authorizes use of a trademark, should the contract be construed in favour of the trademark holder or the authorized user — Should online social media platforms be held liable for the publications of their users — When a litigant is self represented, are there additional protections necessary to prevent procedural injustices?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Royal Pacific Real Estate Group Ltd. is the proprietor of a registered trade mark in Canada. Together with Royal Pacific Realty (Kingsway) Ltd., the entities are part of a group of companies in the business of real estate sales. Steven Dong was licensed to act as a real estate representative with Royal Pacific Kingsway from 2012 to 2013. He owns Steven Real Estate Developments, Maijan Holdings Inc., and Bliip Box Inc. Mr. Dong was provided with an oral or unwritten license to use the marks at issue in the course of his employment. By the summer of 2012, Mr. Dong had created a website which combined information about Mr. Dong in his capacity as a sales representative of Royal Pacific Kingsway with a social media referral application called Bliip Box. The Real Estate Council of British Columbia (the “Council”) informed Mr. Dong that certain aspects of his website did not comply with its regulations. A manager of several Royal Pacific Group brokerages reviewed the website and sent an email to Mr. Dong outlining what he considered to be the deficiencies in the website. Mr. Dong solicited business for Bliip Box using Royal Pacific’s trading names and Royal Pacific’s contact information and he registered a new website, royalpacific.co. Royal Pacific expressed concern that customers would confuse Mr. Dong’s additional services as being endorsed by Royal Pacific. Mr. Dong refused to take down his website or cease using the Royal Pacific trade names. The Supreme Court of British Columbia found that Mr. Dong infringed Royal Pacific’s intellectual property and committed the tort of passing off. Mr. Dong’s appeal was unanimously dismissed.
Lower court rulings
Supreme Court of British Columbia
S139554; 2018 BCSC 1272
Finding that Royal Pacific trademark was infringed and tort of passing off established; counterclaim dismissed.
Court of Appeal for British Columbia (Vancouver)
CA45538 , 2020 BCCA 323
Appeal dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available