Serving more than 49,000 real estate brokers in the Greater Toronto Area, the Toronto Real Estate Board (“TREB”) is Canada’s largest real estate board. The majority of real estate transactions in Toronto make use of TREB’s Multiple-Listing Service (“MLS”), an online tool for brokers to help customers buy and sell homes. In particular, the MLS […]
Part II of this two part article concerns damages and the use of expert testimony, alongside the implications arising from the case as a whole. Part I describes the factual background and trial history of the case, also delving into the ruling of the Court with regard to substantial infringement. SCC Analysis (Continued) Expert Testimony […]
There are many unsettled aspects of Canadian copyright law, ranging from Parliament's intended scope of fair dealing principles to the proper evaluation of substantial infringement. The case of Cinar Corporation v Robinson, [2013] 3 SCR 1168 [Cinar Corp] constitutes the Supreme Court of Canada's ("SCC") most recent iteration on the latter. While the case reinforces a general […]
With the cost of postsecondary education at a record high, textbooks and other written materials have become increasingly difficult for students to afford. Following the passing of the Copyright Modernization Act [CMA] in 2012, which amended the Copyright Act, an opportunity was provided to teachers regarding their ability to provide students with written materials within […]
Last year, TheCourt.ca tackled the increasingly heated battle between two luxury fashion houses, Christian Louboutin and Yves Saint Laurent (YSL). Christian Louboutin, the famous French shoe designer best known for his heels with the red sole, sued Yves Saint Laurent for trademark infringement, claiming more than $1 million in damages. The battle began when Yves […]
By now, readers are no doubt familiar with the Supreme Court of Canada’s ("SCC") July 12, 2012 release of judgments on the pentalogy of copyright cases. TheCourt.ca continues with its ongoing coverage of the cases, by considering Re:Sound v Motion Picture Association of Canada, [2012] 2 SCR 376 [Re:Sound] in this post. Along with its 4 sister-judgments […]
As a writer, there is always a desire of wanting readers to actually read your what I have spent hours pouring over, crafting intricate sentences in a way that best frame my thoughts. In the days of instant publication, getting re-tweeted constitutes a good day. This desire is tempered with the need to protect the […]
Growing up in a large family required frequent trips to Costco or, as it was at the time, Price Club. My mother would often do the extremely large shopping trips on her way home from work. Sometimes, however, those trips would be on the weekend – and with it came an invitation to join in […]
Pride in Ontario: Amending the Ontario Human Rights Code Toronto is gearing up for what will be one of its proudest weeks yet. Ontario will not only be celebrating its booming pride community but also celebrating the Royal Assent of Bill 33, or Toby's Act (Right to be Free from Discrimination and Harassment because of Gender Identity or […]
Do you like to try before you buy? Also known as the “Apple iTunes” case, SOCAN v Bell considers whether the 30-second preview clips made available to consumers by online music retailers constitute an exception pursuant to s. 29 of the Copyright Act, RSC 1985, c C-42, which states that "[f]air dealing for the purpose […]