Vidéotron Ltée v. Konek Technologies Inc., 2023 FC 741
Justice Grammond - 2023-05-26
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The defendants developed an integrated technological solution for their hotel clients. As part of this service, they have been retransmitting the TVA and TVA Sports television channels without having obtained the authorization of the plaintiff TVA Group Inc. The plaintiffs brought an action in order to stop this retransmission and obtain damages. For the reasons that follow, the defendants have failed to show that the regulatory framework flowing from the Broadcasting Act, SC 1991, c 11, authorizes them to retransmit the TVA Sports channels. I therefore grant an injunction prohibiting the retransmission of the TVA Sports channels, and I order the defendants Konek Technologies Inc, Coopérative de câblodistribution Hill Valley, Libéo Inc and Jean-François Rousseau to pay $553,000 in statutory damages. I also dismiss the claims that the parties have filed against each other under section 7 of the Trademarks Act, RSC 1985, c T?13, mainly because they have not established causation between the opposing party’s alleged conduct and their alleged damage.
Decision relates to:
- T-374-21 - VIDÉOTRON LTÉE ET AL c. TECHNOLOGIES KONEK INC. ET AL