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ARTICLE · 08 AUGUST 2023

Recent Copyright Developments - Summer 2023

The Ontario Court of Appeal has refused to extend the right of privacy to cases where the defendant's negligence in storing information led to a privacy breach.

CanadaIntellectual Property

In this blog entry we deal with copyright developments in the last few months

The Ontario Court of Appeal has refused to extend the right of privacy to cases where the defendant's negligence in storing information led to a privacy breach. Owsianik v. Equifax Canada Co 2022 ONCA 813

The Federal Court has announced the launching of a pilot project creating a specialized Chamber of the Court to hear intellectual property matters with a subspeciality for copyright.

Under the Federal Court Rules the court may order the trial of an issue or that issues in a proceeding be determined separately. This rule is frequently used to bifurcate the issues of infringement and damages in patent actions. Such orders are made less frequently in actions for copyright infringement. Rallysport Direct LLC v. 2424508 Ontario Ltd., 2019 FC 1524 and see GE Renewable Energy Canada Inc. v. Canmec Industriel Inc. 2022 FC 1720.

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