Decision

Canadian Broadcasting Corporation / Société Radio-Canada v Conservative Party of Canada, Conservative Fund Canada, 2020 FC 871

Proth. Furlanetto - 2020-08-31

Read full decision. Automatically generated summary:

This is a motion under Rule 4 of the Federal Courts Rules and Rule 15.02 of the Ontario Rules of Civil Procedure (“Ontario Rule 15.02”), requesting confirmation that former Applicants to the application – the individuals Rosemary Barton and John Paul Tasker – authorized the original application to be brought in their names. ... The underlying application relates to the alleged unauthorized use by the Conservative Party of Canada of video excerpts and debate material asserted to be protected by copyright owned by the CBC on websites and in tweets released prior to the 2019 Federal election. ... In this case, there is no substantive basis to invoke the rare remedy of applying the gap rule, particularly where the purpose intended is not designated in Ontario Rule 15.02 and has not been applied in Ontario. The Respondents’ motion accordingly will be dismissed.

Decision relates to:

  • T-1663-19 - CANADIAN BROADCASTING CORP. ET AL. v. CONSERVATIVE PARTY OF CANADA ET AL.

 

Canadian Intellectual Property