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, which states: Fair dealing for the purpose of research or private study [...]

On October 17, 2011, the Supreme Court of Canada released its landmark decision in Crookes v. Newton, 2011 SCC 47, affirming 2009 BCCA 392 and 2008 BCSC 1424. At issue was whether creating an internet hyperlink to defamatory material constitutes “publication” of the material for the purposes of defamation law. The case challenged the Court [...]

iTunes, Amazon.com, Puretracks.com, Rogers Music Store, Sympatico Music Store. For those music lovers who legally download music, these various websites are but a few examples of online sources for mp3 and AAC downloads. As part of the digital consumer experience and convenience of online shopping, previews of songs are provided: 30 second clips that allow [...]

On September 22, 2010, Toronto Police Constable Adam Josephs launched a lawsuit in the Ontario Superior Court: Adam Josephs v. YouTube et. al (2010) CV-10-410890 (Ont. Sup. Ct.) (“Josephs v. YouTube”). In the suit, Constable Josephs sues video sharing website YouTube for $1.25 million. He seeks damages for defamation of his reputation and disclosure of [...]

Considering putting a hyperlink on your website or blog? The case Crookes v. Newton, 2009 BCCA 392, may give you pause to reconsider. Although the British Columbia Court of Appeal held in Crookes that a website owner will not be liable for hyperlinking to defamatory sites, the decision left a number of unanswered questions that [...]

In R. v. Morelli (2010 SCC 8) the Supreme Court of Canada was faced with a number of complex and intertwined legal issues. The child pornography case turned on the validity of a search warrant obtained on a faulty and problematic ITO (Information to Obtain a Search Warrant). The majority and the dissent had dueling [...]

On September 2 of this year, the Canadian Human Rights Tribunal issued its decision in Warman v. Lemire, 2009 CHRT 26. Making national news in doing so, Tribunal member Athanasios Hadjis declared as unconstitutional section 13(1) of the Canadian Human Rights Act (the Act) for unjustifiably infringing on the freedom of expression guaranteed under section [...]

Today marks an interesting anniversary in the Court’s jurisprudence. Ten years ago today, the Supreme Court released its decision in the case of U.F.C.W., Local 1518, v. KMart Canada Ltd., [1999] 2 S.C.R. 1083. There, a unanimous Court held that a law prohibiting union members from distributing leaflets at secondary sites during a labour dispute [...]