Dynamic Blocking Orders Available In Canada: Rogers Media

Orders requiring ISPs to block websites that make available copyright infringing materials are commonly made in many countries around the world. The courts' equitable jurisdiction to make such orders in Canada was recently approved by the Federal Court of Appeal in the Teksavvy Solutions Inc. v. Bell Media Inc. 2021 FCA 100 (GoldTV), (leave to appeal to the Supreme Court dismissed). In the recent ruling, Rogers Media Inc et al v John Doe 1 et al 2022 FC 775, the Federal Court issued a dynamic blocking order to require Canada's leading ISPs to block access to streaming servers that provide unauthorized streams of NHL games in real time.

Dynamic blocking orders permit blocked online locations to be updated without requiring additional court orders to address circumvention actions by pirate operators. These latter orders have been used in some jurisdictions because, among other things, users are increasingly turning to unauthorized IPTV set-top boxes, apps and