Posts Tagged ‘jurisdiction’

PIPEDA’s global extra-territorial jurisdiction and right to be forgotten: A.T. v. Globe24h.com

February 1st, 2017

The Federal Court of Canada released a landmark decision finding that the court has the jurisdiction to make an extra-territorial order with world-wide effects against a foreign resident requiring the foreign person to remove documents containing personal information about a Canadian citizen that violates the person’s rights under Canada’s privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA). In A.T. v. Globe24h.com, 2017 FC 114 the Honourable  Mr Justice Mosely ordered the individual operator of the website Globe24h.com to remove all Canadian tribunal and court decisions  posted on the site that contain personal information and to take all necessary steps to remove the decisions from search engines caches.

Homeaway.com Decision Threatens to Re-write Trade-mark Law in Canada (But Is it for the Better?)

December 14th, 2012

In a case that could have major ramifications for trade-marks law in Canada, Justice Hughes of the Federal Court has concluded that, when a trade-mark appears on a computer screen website in Canada, regardless where the information may have originated from or be stored, constitutes for Trade-Marks Act purposes, use and advertising in Canada.

This strong conclusion comes from Homeaway.com, Inc. v. Martin Hrdlicka, 2012 FC 1467, a decision released December 12, 2012. In this case, the Applicant sought to expunge a trade-mark registered in 2010 by the Respondent Hrdlicka. On the Application, the Respondent represented himself.

Jurisdiction in the Internet Age

November 5th, 2011

Below are slides used by my colleague Dan Glover in a presentation on Friday at the Canadian Council on International Law’s (CCIL) Annual Conference. His talk was on jurisdiction in the internet age.

Supreme Court denies leave in satellite radio copyright case

October 21st, 2011

Yesterday the Supreme Court denied CSI’s motion for leave to appeal in the CSI v Canadian Satellite Radio Inc. case. The result leaves standing the decision of the Federal Court of Appeal in Sirius Canada Inc. v. CMRRA/SODRAC Inc., 2010 FCA 348. This decision dismissed two judicial review applications from the Copyright Board’s decision released in April, 2009.

The decision of the Federal Court of Appeal contained several important copyright rulings. In particular the Court ruled that: