Teksavvy Solutions Inc. v. Bell Media Inc., 2021 FCA 181

Justice Nadon; Justice Locke; Justice LeBlanc - 2021-09-14

Read full decision. Automatically generated summary:

On May 26, 2021, this Court dismissed an appeal by Teksavvy Solutions Inc. (Teksavvy) against the issuance by the Federal Court of an interlocutory injunction in a copyright infringement action requiring a number of Canadian Internet service providers, including Teksavvy, to block access to certain websites by their customers. The websites in question could otherwise be used by those customers to access the services of GoldTV, which is a subscription service that offers allegedly copyright-infringing programming content. Such an injunction is known as a site-blocking order. ... Despite my view that the present request for elevated costs is not improperly made, I am of the view that an elevated costs award (one not limited by Tariff B) is not justified in this case. I accept that the parties are sophisticated commercial litigants, but I find that the novelty of the site-blocking order that was in issue in the appeal, as well as the fact that its target, Teksavvy, is an innocent third party to the underlying copyright infringement action, are good reasons not to stray from Tariff B.

Decision relates to:


Canadian Intellectual Property