You can always tell when you are about to read a good case by its opening paragraph. The decision of the BC Supreme Court in Century 21 Canada Limited Partnership v. Rogers Communications Inc., 2011 BCSC 1196 doesn’t disappoint. It begins as follows:
The ability of the law to adapt is part of its strength. Technological innovation tests that resilience. This case considers that ability as claims for breach of contract, trespass to chattels and copyright infringement meet the Internet. At the root of this lawsuit is the legitimacy of indexing publically accessible websites.