The decision of the Federal Court in Voltage Pictures LLC v. John Doe and Jane Doe, 2014 FC 161, provides insight into the collision of Norwich Orders, means used to identify unknown infringers, and the growing business model of copyright trolls giving rise for the Courts to be more mindful of playing a role in potentially abusive behaviour of the trolls.

The development of this business model has troubled the Courts in the United States and the United Kingdom. In Voltage Pictures the Federal Court sought to address this trend in Canada quoting from Judge Guzman in TCYK, LLC . . . [more]

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Out of Tune: Why Copyright Law Needs Music Lessons
Carys Craig & GuIllaume Laroche

In:
Intellectual Property for the 21st Century Interdisciplinary Approaches, B Courtney Doagoo, Mistrale Goudreau, Madelaine Saginur and Teresa Scassa, Eds. (Toronto: Irwin Law, 2014)

(This excerpt is published pursuant to a Creative Commons licence.)

B. THE LAW . . . [more]

A note of congratulations to fellow Slaw contributor Jack Newton, whose company Clio has successfully secured a C Series funding round; led by Bessemer Venture Partners and valued at $20M.

Launched here on the West Coast of Canada in the Fall of 2008, Jack and his co-founder Rian Gauvreau are now working through their sixth year of Clio operations. According to Clio’s blog, the newest round of funds will be used to accelerate product development and to expand the size of their internal team. (Recruiting efforts already look to be underway.)

I write this offering my full . . . [more]

Background

The organisations inhouse teams serve are regularly required to transform themselves. If they fail to do so they do not excel, or in some cases, they fail to survive. As a result the nature of inhouse practices which support these companies has also transformed over the last twenty years. Drivers for inhouse change include globalisation of commerce and corresponding geographical expansion, cost sensitivities, and increasing regulatory requirements. In many cases, unlike the business units they serve, inhouse legal departments have adapted in an ad hoc manner by accommodating evolving business needs, rather than as a result of careful consideration, . . . [more]

Under most circumstances, an order of discharge releases a bankrupt person from all debts. There are, however, exemptions that have been legislated to ensure that a bankrupt party does not escape a debt arising from certain morally blameworthy actions. For example, an order of discharge does not release a bankrupt person from any debt arising from an award of damages by a court in civil proceedings stemming from “bodily harm intentionally inflicted, or sexual assault”: Bankruptcy and Insolvency Act, RSC 1985, c B-3 (the “BIA”), s. 178(1)(a.1)(i).

The case law is clear these exceptions are . . . [more]

That’s me in the corner
That’s me in the spotlight
wearing my religion.
[apologies to R.E.M.]

As surely everyone in Canada will know there’s currently an attempt in Québec to impose a “charter of values” that would restrict the ability of some government employees to wear conspicuous religious symbols. Indeed, there has been discussion of extending to employers the freedom to impose rules excluding the use of conspicuous religious symbols.

In light of this, you might be interested to read “Religious Symbols, Conscience, and the Rights of Others” by Andrew Hambler and Ian Leigh in the Oxford Journal of Law . . . [more]

 I thoroughly enjoyed Susan Munro’s recent Slaw column “Show me the Money” in which she forcefully and unabashedly made the case for the value of high-quality legal editorial work. She stands on firm ground when in defending the professional standards of paid editors she argues that “when the job is done properly, enormous value is added”. To this I would add that in such circumstances, professionals are very happy to pay for the result. As Susan notes, unquestioned quality permits reliance, efficiency and cost savings to lawyer and client.

But she misses the point.

Her article was a response to . . . [more]

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Reference re Supreme Court Act, ss. 5 and 6 2014 SCC 21
   

   1] The Supreme Court Act provides that three of the nine judges of the Supreme Court of Canada must be appointed “from among the judges of the Court of Appeal or of the Superior Court of the Province of Quebec or from among the advocates of that Province”: R.S.C. 1985, c.

Some lawyers think that the work marketers do is easy or adds little value – it is obvious to them, that marketers spend all day surfing the internet and making things look nice. While not exactly true, legal marketers do need to spend time on-line (researching clients and prospects, finding speaking events for lawyers, sponsorship and branding opportunities, etc.) and playing with crayons (creation of advertising, event invitations, newsletters, promotional material, presentation and proposal responses, etc.), there is actually a lot more they can do for you.

One of the marketing teams’ greatest strengths is helping lawyers focus, flush out . . . [more]

Amidst appeals for “disruptive innovation” and dire predictions for the future of the profession, some lawyers are quietly changing the way they practice. They’re not doing this as part of a movement – they’re just doing what is best for themselves. There are more of them than you might think.

I recently chatted with a former client who exemplifies this situation perfectly. The interview illustrates how and why one litigator modified his practice – and realigned his definitions of personal and professional success in the process.

When lawyer Ronald J. Smith, QC quit practicing law to focus exclusively on mediation, . . . [more]

My Supreme Court of Canada news releases subscription told me that The Court heard Loyola High School, et al. v. Attorney General of Quebec (read the summary at Docket 35201) yesterday.

I look on this case with intellectual interest from the perspective of someone who convinced my (public school) Jr High principal that we should have French as our option rather than Religion. There were 27 kids in my Jr High School and we all had the same ‘option’. My younger brother who shared a classroom and teacher with me though he was a grade younger is still mad . . . [more]

What struck me most about the Supreme Court of Canada’s Nadon decision was the simplicity of the underlying issues. “How should s. 5 and s. 6 of the Supreme Court of Canada Act be interpreted?” These questions go to basic issues of statutory interpretation involving the very composition of the Court. Yet the issue prompted a diversity of views from intelligent people – six on behalf of the majority, versus possibly four others (if the legal opinions of former Justices Ian Binnie and Louise Charron and scholar Peter Hogg are included together with Justice Moldaver’s dissent).

The only questions the . . . [more]