Canadian Standards Association v. P.S. Knight Co. Ltd., 2016 FC 294

The Applicant, the CSA, brought this application seeking relief in respect of alleged infringement by the Respondents. The CSA produces a publication called the CSA Code. At one time, the parties had a working relationship, which deteriorated over time. The Respondents produced and indicated that they would distribute a work that the CSA alleges is essentially an identical copy of its 2015 CSA Code. The Respondents did not deny that its work, referred to as the Knight Code in the decision, is a substantial copy of the 2015 CSA Code.

The Respondents challenged copyright in the 2015 CSA Code on a number of bases, which were all rejected by the Court. The Respondents also argued that the licence between the parties beginning in the 1960s could not be unilaterally revoked by the CSA because it was given for consideration. The Court disagreed. Finally, the Respondents alleged fair dealing but the Court noted that one of the considerations set out by the Supreme Court of Canada in the CCH decision was the extent of copying. The Court stated "[w]hen 100% of a work is copied, the dealing cannot be fair." The Court further rejected the argument that the copying was for educational purposes. A permanent injunction and delivery up was ordered, and statutory damages in the amount of $5,000 were ordered. The Court did not find personal liability of the individually named Respondent.