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
Court of Appeal sends Netflix free trial streaming royalties back to Copyright Board
The Federal Court of Appeal in Netflix Inc. v. Society of Composers, Authors, and Music Publishers of Canada, 2015 FCA 289, granted... Read More
TekSavvy Gets a Shocker from Voltage: Non-Party May Bear Some Costs Associated with Discovery
The decision of Justice Annis in Voltage Pictures LLC v. John Doe and Jane Doe reaffirms that there is no rule that... Read More
Unauthorized changes to translation breaches contract but not moral rights
On November 17, 2015 Justice Hamilton of the Superior Court of Quebec released his judgment in Desgagné v. Group Ville-Marie Litterature Inc.,... Read More
Web Design Contract Includes Implied Copyright License
Mathieu-Crochetière Brousseau v. 9107-0234 Québec Inc. (Grattex), 2015 FC 1219 was a failed action for copyright infringement of a computer program. The... Read More
Google Books: A Transformative Fair Use
On October 16, 2015, the United States Court of Appeals for the Second Circuit released its decision in the “Google Books Case”... Read More
Pay the wall – circumventing paywalls is copyright infringement
In 1395804 Ontario Limited (Blacklock’s Reporter) v. Canadian Vintners Association, 2015 CanLII 65885, Deputy Judge Lyon Gilbert of the Ottawa Small Claims... Read More
Fight Over Factums: Ontario Divisional Court Grants Leave to Appeal From Decision Refusing to Approve a Class Action Settlement
In Waldman v. Thomson Reuters Canada Limited, 2015 ONSC 3843, Justice Swinton of the Ontario Divisional Court granted leave to appeal an... Read More
University Professor Unable to Rely on Copyright Fair Use in Plagiarism Suspension
On July 15, 2015, Justice Bich of the Quebec Court of Appeal released her judgment in Syndicat des professeures et professeurs de... Read More
Copyright suit for book never sold in Canada summarily dismissed
A recent ruling of the Ontario Superior Court is a reminder to plaintiffs that they must present more than bald allegations that... Read More
Shakin’ all over – Copyright Claim for Blurry Seismic Data Survives Summary Judgment
In Geophysical Services Incorporated v. Atrim Energy, the Court of Queen’s Bench of Alberta considered Atrim’s motion for a summary dismissal of... Read More
Threatening sanctions without a legal basis
The Denturist Association of Canada’s (“DAC”) five digit procedure codes are licensed to its provincial associations (including the Denturist Association of Ontario... Read More
Statutory, but not punitive, damages for copyright infringement
Rundle provided training services to assist federal government employees in passing various language proficiency tests for bilingual positions in the federal public... Read More