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ARTICLE · 28 JUNE 2023

FCA Upholds TRREB's Copyright Claims In Its TRREB MLS System

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On March 28, 2023, the Federal Court of Appeal of Canada (FCA), in IMS Incorporated v Toronto Regional Real Estate Board, 2023 FCA 70, upheld the decision of the Federal Court (FC)...

CanadaIntellectual Property
Diana Mansour
Diana Mansour
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On March 28, 2023, the Federal Court of Appeal of Canada (FCA), in IMS Incorporated v Toronto Regional Real Estate Board, 2023 FCA 70, upheld the decision of the Federal Court (FC) in Toronto Regional Real Estate Board v. IMS Incorporated, 2021 FC 1239 that set aside the portion of the Prothonotary's order striking the copyright claims of the Toronto Regional Real Estate Board (TRREB) without leave to amend and awarded TRREB costs on the appeal.

The FCA upheld the FC's finding that the Prothonotary made a palpable and overriding error in her assessment that the works at issue in the case at bar were the same as those raised in Toronto Real Estate Board v. Canada (Commissioner of Competition), 2017 FCA 236, leave to appeal to the Supreme Court of Canada denied, 2008 CanLII 78753 (SCC) [TREB v. Canada].

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