SLAPP’ed Back to Court for Letting the Links Out
The British Columbia Court of Appeal dismissed an appeal by Mr. Linkletter of his “anti-SLAAP” application to dismiss the proceedings against him... Read More
Lack of Success is Not Evidence of Bias
Christopher Johnson, a self-represented Plaintiff, commenced a copyright infringement action in November 2021 against several defendants, including the Canadian Tennis Association (“Tennis... Read More
Do it yourself: Court clarifies obligations of party that breaches protective order and implied undertaking
In Molo v Chanel, Associate Justice Tabib clarified what a party is required to do when it has breached a protective order.... Read More
The Puck Drops Here: A Dynamic Site-Blocking Order Granted for the NHL Playoffs
In Rogers Media Inc., nine television networks who hold copyright in NHL games have successfully obtained a “dynamic” site-blocking order against unidentified... Read More
Lump Sum Costs? Ça “Dépens”!
Justice Grammond awarded Vidéotron Ltée and Groupe TVA inc. costs according to the Tariff after their success in 2022 CF 256, finding... Read More
BC Civil Resolution Tribunal Restates the Ingredients of a Binding Settlement Agreement
Background In the underlying dispute, Ehsan Haji Mahdizadeh Zargar alleged that the City of Vancouver infringed his copyright in 2 photographs by... Read More
Federal Court Clarifies Law on Arbitration Clauses
In General Entertainment and Music Inc. v. Gold Line Telemanagement Inc., 2022 FC 418, the Federal Court clarified the legal test applicable... Read More
The Price of Contempt
In August 2018, Justice Patillo granted summary judgment (see here) permitting recognition and enforcement in Ontario of US judgments against the defendants,... Read More
Action against whistle-tweeting – not a SLAPP says Court
In Proctorio, Incorporated v Linkletter, 2022 BCSC 400, the Supreme Court of British Columbia dismissed an application under s 4 of the... Read More
Copyright Style Tips from the USSC: Knowledge is the New Colour
Suppose that John, seeing a flash of red in a tree, says, “There is a cardinal.” But he is wrong. The bird... Read More
Opting Out: Copyright Board Tariffs are not Mandatory
The Federal Court of Appeal’s decision in York University v. The Canadian Copyright Licensing Agency (Access Copyright) is a lengthy judgment with important... Read More
Use of Copyrighted Materials in Market Research is not Fair Dealing
Stross v. Trend Hunter Inc., 2020 FC 201 was a simplified action dealing with copyright infringement and fair dealing. The Plaintiff, Alexander... Read More
Inadmissible Evidence Leads to Dismissal of Application
In Rowan Williams Davies & Irwin Inc. v ProWise Engineering Inc. et al., Justice O’Reilly dismissed the application after finding there was... Read More
The New NAFTA: Copyright Changes Under the United States-Mexico-Canada Agreement
Mexico, the United States and Canada have agreed on the text of a new trade agreement, known as the United States-Mexico-Canada Agreement... Read More
Defamation Claim Fails Against Truthful Copyright Infringement Allegations Made on Social Media
In Johnson v. Rakhmanova, the Ontario Superior Court of Justice allowed a Defendant’s motion to dismiss a defamation claim on the basis that... Read More
Anticipated Appeals Cannot Be United
In Cooperstock v. United Airlines, Inc., the Court of Appeal held that an appeal can be stayed or consolidated with related appeals... Read More
You Can’t Lose What You Never Had: Government Can’t Expropriate Unencumbered Seismic Data Copyright That Never Existed
In Geophysical Service Inc. v. The Queen, Prothonotary Tabib of the Federal Court struck GSI’s Statement of claim. In doing so, Prothonotary... Read More
Wesley Gets Crushed: Alleged Copyright Pirate Found Guilty of Contempt of Court
The Federal Court recently held an individual guilty of contempt of court for disobeying an interlocutory injunction prohibiting the sale of pre-loaded... Read More
Court Dismisses Career College Copyright Case As Time Barred
In 907687 Ontario Inc. (c.o.b. International Institute of Travel) v. Shokour, 2017 FC 969, the Federal Court found that the plaintiff did... Read More
Court of Appeal Clarifies Costs Framework in Copyright Class Action
On November 15, 2017, the Federal Court of Appeal issued its Reasons for Judgment in an appeal from an order that (1)... Read More
Vacated injunction And Anton Piller Order Resurrected Pending Appeal in Kodi Add-On Copyright Case
In the continuing saga between broadcasters and set-top boxes, the Federal Court of Appeal handed a group of Canadian broadcasters a temporary... Read More
Notice and Notice: ISPs May Only Charge Reasonable Fees For Disclosing Identities Of Suspected Copyright Infringers
Sections 41.25 and 41.26 of the Copyright Act allow copyright owners to send notices of infringed copyright to ISPs, such as Rogers.... Read More
What Do You Really Get When You Acquire Copyrighted Materials Through Foreclosure?
AAAI is an architecture firm that developed plans for a building project called “Murray’s Walk” for MWDL. In April 2009, AAAI filed... Read More
Nintendo Wins $12.7M+ Damages for Digital Lock Circumvention
On March 1, 2017, Justice Campbell released his Judgment and Reasons in Nintendo v. Go Cyber Shopping. Nintendo was wholly successful in... Read More
Court Of Appeal Upholds Fair Dealing Reduction in K-12 Copying Tariffs
In Access Copyright v British Columbia Ministry of Education et al, the Federal Court of Appeal identified a single reviewable error in... Read More