Louis Vuitton's Argument For Landlord Liability Gaining Traction In Canada

Louis Vuitton is attempting to raise the bar in Canada for landlord liability in the sale of counterfeit goods, pursuing several flea market operators in the Ontario Superior Court for the sale of counterfeit Louis Vuitton merchandise taking place on their premises. In its action, Louis Vuitton claims that the landlords of the flea markets are directly liable, vicariously liable and/or contributorily liable for vendors' sales of counterfeit Louis Vuitton merchandise at the market, alleging the landlords are aware that counterfeit merchandise was being offered for sale and sold at the flea markets.

The action has sustained an initial attack by the operators of Dr. Flea's Flea Market in Toronto (see Louis Vuitton Malletier S.A. v. Zekria Wakilzada, 2017 ONSC 2409), who sought to strike certain paragraphs from the Statement of Claim relating to prior criminal search warrants executed at Dr. Flea's Flea Market, which Louis Vuitton relies upon to support its arguments of