Lakehead District School Board v. Mauro, 2026 ONCA 230
2026-03-27
Read full decision. Summary prepared by Alan Macek:
Ms. Mauro was found liable on summary judgment for copyright infringement [see 2024 ONSC 5174]. ... Ms. Mauro appeals only the monetary award. ... We see no error in the motion judge’s conclusion that would warrant appellate interference. The defendant in a copyright infringement case bears the onus of proving any costs claimed as deductions from the revenues earned from selling goods that infringed copyright: Copyright Act s. 35(2). Ms. Mauro did not meet that onus by simply referring to categories of expenses without proving them by evidence. Although Ms. Mauro was self-represented at the summary judgment hearing, we are satisfied she was appropriately on notice that the calculation of damages was an issue, and of her onus to prove her expenses.