Yayincilik A.S. v. Glwiz Inc., 2025 FC 1107
Justice Aylen - 2025-07-09
Read full decision. Summary prepared by Alan Macek:
"In 2021, the Plaintiff commenced this action against the Defendants who operate an IPTV streaming services, from their premises in Canada. The Plaintiff asserted that the Defendants had infringed, and had induced, enabled or authorized others to infringe, its copyright in twenty-two of its programs (2,974 episodes in total) and its live television channel. In the weeks leading up to trial, the Defendants conceded all liability issues, leaving only the issue of remedies for the Court’s determination. ... For the reasons that follow, I find that: (a) the Plaintiff is entitled to an award of statutory damages in the amount of $2,000 per episode of each program plus $10,000 for the live television channel, for a total statutory damages award of $5,958,000; (b) no award of punitive damages is warranted; and (c) the Plaintiff has not demonstrated that it is entitled to a wide injunction. ... During the course of the trial, numerous evidentiary objections and other evidentiary disputes arose. I made rulings on certain objections during the trial but reserved my rulings on a number of other objections and issues for determination as part of this Judgment. ... As the innocent infringer test is conjunctive, I find that the Defendants are not entitled to claim the benefit of subsection 38.1(2) as they have failed to meet the second part of the test. ... I find that the Plaintiff’s request for a wide injunction cannot be granted as the Plaintiff has failed to establish the first requirement of section 39.1 — namely, that the Plaintiff is the copyright owner or a person to whom an interest in the copyright has been granted by licence."
Decision relates to:
- T-206-21 - YELDA HABER VE GÖRSEL YAYINCILIK A.S. v. GLWIZ INC. et Al.
- A-291-25 - which is an appeal from this decision