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Supreme Court of Canada

Supreme Court of Canada Considers “Broadcasting Undertakings” in ACTRA v. Bell

Daniel Dawalibi is an articling student at McCarthy Tétrault LLP.  The firm acted for the Appellant in this hearing before the Supreme Court of Canada. On January 16, 2011, the Supreme Court heard an appeal in the case of Alliance of Canadian Cinema, Television & Radio Artists, et al. v. Bell Aliant Regional Communications, LP, […]

IP Osgoode 2011: A Transformative Year for Intellectual Property and Technology

Pauline Wong is the Assistant Director of IP Osgoode. Mekhala Chaubal is a JD candidate at Osgoode Hall Law School. 2011 will be remembered as a year of social movements and political upheavals in many parts of the world. This trend of transformation and development extended to Canadian and international intellectual property law. As a […]

“Communication To The Public” Also Hot-Button Issue Across the Pond

Ben Farrow is a JD candidate at Osgoode Hall Law School. As previously reported by the IPilogue here, the Supreme Court of Canada is not the only national court grappling with the term “communication to the public”. Similar to two of the internet copyright cases heard by the Supreme Court of Canada earlier this month […]

Keep Design Cases Simple, England And Wales CA Tells Dyson

Brent Randall is a JD candidate at the University of Ottawa. It is a seemingly lofty goal for a court: keep legal reasoning simple.  As anyone who has a read a court’s decision knows, that is easier said than done, either because a judge wants to make sure all relevant issues are dealt with thoroughly, […]

A Packed House At The Supreme Court of Canada for Five Ground-Breaking Copyright Cases

Tali Eliav and Stephen Hutchison are 2011–2012 articling students at Cassels Brock & Blackwell LLP. On December 6 and 7, 2011, the Supreme Court of Canada heard five critically important copyright appeals. We were lucky enough to assist with Cassels Brock’s submissions to the Court. We were also fortunate enough to have a seat in […]

You Better Watch Out…For These Five Supreme Court Of Canada Cases

Giuseppina D’Agostino is the Founder and Director of IP Osgoode, the Founder and Director of the new IP Intensive Program, and an Associate Professor at Osgoode Hall Law School. This December copyright is coming to town!  Five historic hearings at the Supreme Court of Canada and a brand new copyright bill in Parliament have the […]

Digital Media, Freedom Of Expression, And The Evolution Of Journalism

Sue Gaudi is the Vice-President, General Counsel and Corporate Secretary at The Globe and Mail Inc. She presented the following talk at a lecture to students in IP Osgoode’s internship program, the Intellectual Property Law and Technology Intensive Program (IP Intensive). We are very pleased that The Globe and Mail is hosting one of our […]

Crookes v Newton, 2011 SCC 47 – Hyperlinkers Not Liable For Linked Defamation

Daniel Burnett is a partner at Owen Bird Law Corporation and appeared before the Supreme Court of Canada on behalf of the Respondent/Defendant, Jon Newton, in this matter. [IP Osgoode:  At our request, Robert Kasting, Barrister & Solicitor, who appeared before the Supreme Court of Canada on behalf of the Appellants/Plaintiffs, Wayne Crookes and West Coast […]

Crookes v Newton: SCC Holds That Hyperlinking Was Not Defamatory

Pauline Wong is the Assistant Director of IP Osgoode. Today, the Supreme Court of Canada released its decision in Crookes v Newton, which considers whether the author of a website article can be liable for defamation by hyperlinking to defamatory material on the Internet.

Re:Sound Not Soundly Defeated Just Yet

Brent Randall is a JD candidate at the University of Ottawa. On September 8, 2011, the Supreme Court of Canada granted leave to appeal in the Federal Court of Appeal case of Re:Sound v. Motion Picture Theatre Associations of Canada, et al. The copyright case will be heard by Canada’s highest court along with four […]