Linkletter v. Proctorio, Incorporated, 2022 BCCA 313


Read full decision. Summary prepared by Alan Macek:

For purposes of the applications before me, it will be sufficient here to note that in September 2020, Proctorio commenced an action against Mr. Linkletter seeking damages for the tort of breach of confidence, infringement of copyright and the circumvention of a “technological protection measure” contrary to s. 41.1 of the Copyright Act, R.S.C. 1985, c. C?42. ... One applicant is the British Columbia Civil Liberties Association (“BCCLA”); the other is the Samuelson?Glushko Canadian Internet Policy and Public Interest Clinic (“CIPPIC”). ... If the underlying action proceeds to trial, the intervenors’ submissions may well become more relevant. At this stage, however, I believe this court is in a position to interpret the Act having in mind, inter alia, the freedoms and values that the applicants espouse, and to interpret the Copyright Act in an appropriate manner. I would dismiss the applications.


Canadian Intellectual Property