907687 Ontario Inc. (International Institute of Travel) v. 1472359 Ontario Ltd (IBT College of Business Travel & Tourism Technology), 2017 FC 969

Justice Fothergill - 2017-10-31

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IIT commenced this action against Mr. Shokour and IBT on January 15, 2013. IIT alleges that Mr. Shokour and IBT improperly used course materials developed by IIT to register IBT as a career college and obtain approval from the Ontario Ministry of Training, Colleges and Universities [Ministry] to offer certificates and a diploma in travel and tourism. IIT maintains that the Defendants infringed IIT’s copyright in its course materials, and seeks damages, an accounting of profits and other relief. For the reasons that follow, I find that IIT has not met its burden of proving on the balance of probabilities that Mr. Shokour or IBT improperly made use of IIT’s copyrighted materials, or that IIT sustained damages as a result. I also find that the action is barred by the operation of s 43.1(1) of the Copyright Act, RSC 1985, c C-42. The action is therefore dismissed with costs.

Decision relates to:

  • T-111-13 - 907687 ONTARIO INC. v. ABDUL SHOKOUR, ET AL


Canadian Intellectual Property