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Court assesses statutory damages for breach of copyright in language proficiency tests

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 30 2014

This was an uncontested assessment of damages for breach of copyright. The Plaintiff obtained summary judgment (decision here) and the Court directed

Motion to amend pleadings after discovery allowed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 30 2013

In this case, the Plaintiff brought a motion to amend its statement of claim to clarify the relief sought, provide further particulars of the

Alberta court has jurisdiction to hear a claim for copyright infringement after materials are sent from Newfoundland and Labrador to Alberta

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 9 2015

Geophyical Service Incorporated (GSI) commenced an action that includes a claim for copyright infringement. GSI claims all IP rights in the data it

Appeal dismissed: federal court finds real and substantial connection, jurisdiction

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 3 2014

The Defendant, Internet Archive Canada (“IAC”), appealed the order of Prothonotary Aalto, who dismissed IAC’s motion for a permanent stay of the

Applicant avoids finding of copyright and trademark infringement, successful in having certification mark struck from the register

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 3 2014

The Applicant, the Denturist Group of Ontario (“DGO”) was seeking declaratory, injunctive and monetary relief against the Respondents (the Denturist

New affidavit struck from record in judicial review

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 6 2012

This is an interlocutory motion to strike an affidavit in a Judicial Review (JR) of the decision of the Copyright Board

Court refused to intervene re interlocutory decisions

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 26 2012

The Federal Court of Appeal (FCA) held that there were no special circumstances to justify its intervention at this stage of the proceeding before the Copyright Board

Sound prediction applies to mechanical inventions

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • September 30 2013

The Federal Court of Appeal (FCA) recently upheld the decision of the Trial Judge, holding that one claim of the patent at issue was valid and

Court makes finding of contempt in copyright case

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 28 2011

In December 2009, Setanta had obtained default judgment and a permanent injunction resulting from a copyright infringement suit against the defendants

Pre-judgment interest in Provincial Act waived by election of statutory damages

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 19 2011

This is an appeal, by ex parte motion, of a Prothonotary’s decision awarding default judgment