Hellboy Productions, Inc. v. DOE #1, 2025 FC 1766
Associate Justice Cotter - 2025-10-31
Read full decision. Automatically generated summary:
Stated generally, each motion is for a Norwich order seeking to compel a non-party, an ISP, to disclose the names and addresses associated with certain internet protocol addresses, commonly referred to as IP addresses. ... Each Doe Defendant has unlawfully, and without the Plaintiff’s authorization or consent, utilized the BitTorrent peer-to-peer network to unlawfully offer to upload or stream (i.e. make available) the Work and/or has unlawfully copied (downloaded) the Work, thus infringing the Plaintiff’s copyright in the Work ... For the reasons set out below, the plaintiff’s motions are dismissed. On the evidence put forward by the plaintiff on these motions, the plaintiff is unable to show: a) a bona fide claim for copyright infringement; or b) that Telus, Cogeco or Bell is the ISP for the alleged wrongdoers in question. ... As a result, this matter is not a Simplified Action and Rules 294 to 299 do not apply, and therefore, Rule 298(1) is not an impediment to these motions being determined. ... As the presumptions in Section 34.1 do not apply, and the plaintiff has put forward no evidence on subsistence of copyright, nor any admissible evidence on ownership of copyright, the plaintiff is unable to show a bona fide claim for copyright infringement.
Decision relates to:
- T-768-25 - HELLBOY PRODUCTIONS, INC. v. DOE #1 et. al. (see Schedules 1 and 2)