Persistent procrastination proves pricey as the Federal Court strikes EverForce’s software piracy defence
Ansys sued Everforce Energy Ltd. and its president, Raad William Barnet, in April 2022 for unauthorized use of copyright-protected software. The defendants...Read More
Counter(defeated): Louis Vuitton awarded compensatory and punitive damages
In a recent summary trial decision of the Federal Court, Justice McHaffie found multiple defendants selling counterfeit Louis Vuitton goods liable for...Read More
A Wanakome divided: Wanakome v Martin
Overview In a recent trademark and copyright case, Wanakome Inc. filed suit against Eric and Kara Martin and their company, Park Enterprises Worldwide Inc., under subsections 7(b), (c) and...Read More
Court declines to dismiss action for undue delay but requires security for costs
Background The underlying action for copyright infringement in Comartin v. Marsh was commenced in November 2020. The action stalled after the exchange...Read More
Exchanging documents before discovery: A simplified procedure
In Rosebrook v Hill Times Publishing Inc., the Federal Court addressed whether a plaintiff (“Rosebrook”) is required to serve the defendant (“Canadian...Read More
Canadian Copyright Act draws the line between Rio Tinto and foreign author
GE commenced a copyright infringement action against Canmec, asserting ownership of copyright in 33 manufacturing drawings relating to butterfly valves. GE claimed...Read More
False IP complainants get shrunken bank accounts
Keezio Group and The Shrunks’ Family Toy Company were market competitors who sold inflatable beds for children through Amazon.com. Keezio brought a...Read More
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