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
Back To The Stampede: Court Upholds Forum Selection Clause Requiring Copyright Action To Return to Alberta
In Bull Run Productions Inc. v. Wild TV Inc., 2016 NSSC 315 the Supreme Court of Nova Scotia upheld a forum selection...Read More
Microsoft Enforces Software Copyright Against Recidivist Copier: Microsoft v. Liu
In Microsoft v Liu, Justice Boswell of the Federal Court determined that Mr. Liu had infringed Microsoft’s copyright in several programs and...Read More
Notice and Notice Regime Does Not Provide Legal Basis for Identifying Alleged Copyright Infringer
Justice Boswell’s decision in Voltage Pictures, LLC v. John Doe, 2016 FC 881, confirms that amendments to sections 41.25 and 41.26 of...Read More
Dude, That’s Not Your Code: Claim for Computer Authorship Denied
In Andrews v McHale, 2016 FC 624, Justice Southcott dismissed an application for declaratory relief and damages for alleged copyright infringement and...Read More
Pre-Loaded Prevention: Interlocutory Injunction Restrains Sale of Television Plug-and-Play Boxes
There is an emerging phenomenon in the Canadian market of pre-loaded “plug-and-play” set-top. The boxes have several legal uses, such as effectively...Read More
Crown’s ownership of copyright sinks land surveyor’s class action
The Superior Court of Justice has dismissed a long-running class action by Ontario’s land surveyors against Teranet, the private company that manages...Read More
Copycat Caught – Fair dealing is no defence when 100% of work is copied
On March 8, 2016, Justice Manson held that PS Knight Co Ltd infringed copyright in the Canadian Standards Association’s 2015 CSA Code....Read More
Court Upholds a Different Kind of Home Inspection
In Strathearn Consulting Inc. v. Barbra Ann Kirshenblatt et al, 2015 FC 1404, Justice Strickland dismissed Strathearn Consulting’s appeal, pursuant to Rule...Read More
Federal Court cannot by its own motion punt copyright claim to more convenient forum
In Sadhu Singh Hamdard Trust v Navsun Holdings Ltd, 2014 FC 1139, the Federal Court dismissed the plaintiff’s claims of copyright and...Read More
Preliminary Determinations Restricted to Pure Questions of Law – Federal Court of Appeal
In Rogers Communication Partnership et al v. Society of Composers, Authors and Music Publishers of Canada, 2016 FCA 28, the Federal Court...Read More
Large security for costs upheld in Alberta multi-defendant copyright action
In Geophysical Service Incorporated v Encana Corporation, Justice Strekaf of the Court of Queen’s Bench of Alberta heard an appeal by GSI...Read More
Un-Metatag Me! Copying metags found non-infringing by FCA
In Red Label Vacations Inc. v. 411 Travel Buys Ltd., 2015 FCA 290, the Federal Court of Appeal upheld a decision of...Read More
Claims under the Trade-marks and Competition Acts insufficient basis to stay Ontario defamation action
On December 22 2015, Justice Perell dismissed a motion to temporarily stay a defamation action in the Ontario Superior Court of Justice...Read More