Does a plaintiff have to prove that they were injured in a motor vehicle accident to recover damages under section 1125(a) of the Ontario Motor Vehicle Act?
MultiRegion, United States of America
The following excerpt is from Spring Mills, Inc. v. Ultracashmere House, Ltd., 217 USPQ 298, 689 F.2d 1127 (2nd Cir. 1982):
13 The district court found that the plaintiff had failed to meet the burden of proof in a section 1125(a) claim in failing to offer evidence of competitive injury. However, competitive injury is not required for recovery under section 1125(a). McGregor-Doniger v. Drizzle, supra, 599 F.2d at 1134-35.
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