The Supreme Court of Canada will release decisions on the 5 pending copyright proceedings on Thursday morning. The proceedings were taken under reserve last December and raise issues of communications to the public, previewing music, music in online games, educational fair dealing, and music in soundtracks.
Tag Archives: Supreme Court of Canada
Judges on the move
Judges were appointed today to the Ontario Court of Appeal, the Quebec Court of Appeal, the B.C. Court of Appeal, the Saskatchewan Court of Queen’s Bench, the Superior Court of Quebec, and the Ontario Superior Court of Justice. In other judicial news, former Supreme Court Justice Ian Binnie has announced that he is joining Lenczner Slaght.
SCC decisions
The Supreme Court of Canada has released a couple of decisions of interest – Merck Frosst Canada Ltd. v.Canada (Health), 2012 SCC 3 relating to trade secrets and access to information of Health Canada drug submissions and Reference re Broadcasting Act, 2012 SCC 4 which determined that Internet Service Providers were not ‘broadcasters’ under the Broadcasting Act.
SCC adjourns Sildenafil hearing
The Supreme Court has adjourned the hearing in the appeal of the sildenafil PM(NOC) application on the sufficiency of disclosure. The hearing had been scheduled for tomorrow but is now tentatively scheduled for April 20, 2012.
Copyright week at the Supreme Court of Canada
There are 5 copyright appeals being heard at the Supreme Court this week. All are being webcast live and the written submissions of the parties and interveners are available.
Continue reading Copyright week at the Supreme Court of Canada
SCC releases Crookes v. Newton on hyperlinking
The Supreme Court of Canada released its decision in Crookes v. Newton, 2011 SCC 47. With three sets of reasons concurring in the result, the Court held that the use of a hyperlink cannot, by itself, amount to publication even if the hyperlink is followed and the defamatory content accessed.
Supreme Court of Canada news
Justices Moldaver and Karakatsanis, both currently of the Ontario Court of Appeal have been nominated for the Supreme Court. It was also announced today that the Supreme Court will release its decision in Crookes v. Newton relating to defamation liability by hyperlinking on Wednesday. Continue reading Supreme Court of Canada news
Two judges nominated to Supreme Court of Canada
The Prime Minister has nominated Justices Moldaver and Karakatsanis, both currently of the Ontario Court of Appeal for appointment to the Supreme Court of Canada, replacing Justices Binnie and Charon who both retired earlier this year. Continue reading Two judges nominated to Supreme Court of Canada
Supreme Court of Canada starts fall session
Copyright will be on the agenda when the Supreme Court of Canada starts its fall session this week. Five appeals from the Copyright Board are scheduled to be heard in early December.
Continue reading Supreme Court of Canada starts fall session
SCC denies leave in “acrimonious” trademark discovery
This morning, the Supreme Court of Canada denied leave in Osmose-Penotox Inc. v. Société Laurentide Inc. (SCC #34175), where an appeal was sought from the Federal Court of Appeal’s decision in 2011 FCA 31. The issues in the appeal appear to have been related to the scope of discovery in a bifurcated proceeding. The Federal Court of Appeal had written:
[10] With respect, I think the appellant fails to understand that the respondent’s missing letter to Rona, even if its content was assumed to be most favorable from the perspective of the appellant, is not relevant at the first stage of the proceedings. The determination of the validity of the registration of the appellant’s trade-mark entails a legal determination over which the beliefs of the respondent, whatever the self-serving or even incriminating terms in which they have been expressed in the response letter, carry no influence. The same holds true for the determination of the respondent’s liability should the trade-mark be found to be valid and to have been infringed.
…
[14] Before concluding, I think it is fair to say that the debate between the parties, which so far has been going on for at least eight years, has been acrimonious. … The parties should understand that the time has now come to move this case to trial without further interruption.
More information about these and other intellectual property proceedings at the Supreme Court are available on my Supreme Court litigation page.