Sweet Productions Inc. and Enchanted Rise Group Limited v. Licensing IP International S.A.R.L. et al., 2022 FCA 111

Justice Gauthier; Justice de Montigny; Justice Rivoalen - 2022-06-10

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This is an appeal from the judgment of the Federal Court (per Justice Zinn) dated March 10, 2021, allowing an appeal of Prothonotary’s Steele’s Order dated October 16, 2020, and dismissing the underlying action brought by the appellants for copyright infringement in respect of cinematographic works appearing on the respondents’ “Pornhub websites”. The main issue on this appeal (and before the Federal Court) relates to the proper remedy when undue delay has been found pursuant to Rule 167 of the Federal Courts Rules. More specifically, should the Court start with the presumption of dismissal if undue delay is found, as determined by the Federal Court, or is the Court’s discretion unfettered and dismissal only to be used as a remedy of last resort? ... Accordingly, I would allow the appeal in part, set aside the Federal Court’s judgment in relation to Rule 167, and reinstate the Prothonotary’s Order that the underlying action proceed as a specially managed proceeding.

Decision relates to:


Canadian Intellectual Property