Macciacchera v. Bell Media Inc., 2023 FCA 180

Justice Mactavish - 2023-08-23

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This appeal arises in the context of a case of copyright infringement involving three allegedly infringing streaming services operated by the appellants. The Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic seeks leave to intervene in this appeal. For the reasons that follow, the motion will be dismissed. ... According to the Clinic, the outcome of this case has the potential to affect how Federal Courts handle future Anton Piller Orders, particularly in cases of copyright infringement. The Clinic further submits that it is crucial to maintain consistency in these orders, in order to strike a fair balance between the rights of plaintiffs and defendants. ... That is not to say that the issues identified by the Clinic are not important – they may well be – but rather that they are not suitable for resolution through this appeal. Indeed, I agree with the respondents that the issues are more appropriately raised before bodies such as the Intellectual Property Bar Liaison Committee of the Federal Court, the Intellectual Property Institute of Canada or the legislative branch of government.

Decision relates to:


Canadian Intellectual Property