What are the material dates used to assess the issue of confusion in an opposition application?

Canada (Federal), Canada

The following excerpt is from Orion Corporation v Cross Vetpharm Group Limited, 2017 TMOB 27 (CanLII):

Each of the grounds of opposition turns on the issue of confusion. The material dates to assess the issue of confusion are the date of my decision with respect to the first ground; the date of filing the application (April 11, 2014) with respect to the second ground; and the date of opposition (February 5, 2015) with respect to the third ground: for a review of case law concerning material dates in opposition proceedings see American Retired Persons v. Canadian Retired Persons (1998), 1998 CanLII 8908 (FC), 84 CPR(3d) 198 at 206 - 209 (FCTD). In the circumstances of this case, nothing turns on whether the issue of confusion is assessed at a particular material date.

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