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

The material dates to assess the issue of confusion are the date of filing the application, that is, January 9, 2009, with respect to the grounds of opposition alleging non-entitlement; the date of opposition, that is, October 26, 2009, with respect to the ground of opposition alleging non-distinctiveness; and the date of my decision, with respect to the ground of opposition alleging non-registrability: 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). When Are Trade-marks Confusing?