Proctorio, Incorporated v Linkletter, 2021 BCSC 1154


Read full decision. Summary prepared by Alan Macek:

In this case, Proctorio says that it does not take issue with anything Mr. Linkletter said. It objects to the disclosure of what it alleges are copyrighted and confidential links and videos. As a result, it says an “expression” in s. 4 [of BC's anti-SLAPP legislation] is not engaged. ... The defendant, Ian Linkletter, is a learning technology specialist at the Faculty of Education at University of British Columbia. He is not in favour of the use of Proctorio’s Software and participated in the debate. ... Between August 23 and August 30, 2020, Mr. Linkletter posted eight tweets which are the subject of Proctorio’s claim. Seven of the tweets included links to videos created by Proctorio, which Proctorio claims are copyrighted and confidential. ... Proctorio’s application [for additional cross-examination and affidavits] is dismissed with the exception of admitting a small portion of Devoy #3 [affidavit].


Canadian Intellectual Property