The arrival of 2012 marked the end of a year filled with
numerous developments in technology and IP law. Taking a cue from the Canadian Communications Law
blog, we've decided that this would be an
excellent time to reflect on the past year and review some of its
more notable developments. To that end, we've put together a
list of the top 10 technology and IP law developments from the past
Without further ado, here are our picks for the top 10:
No liability for defamation for basic hyperlinks, says
Supreme Court - In a decision that came as a
relief to bloggers, tweeters, webpage owners and other providers
and hosts of internet content, the Supreme Court of Canada
clarified in Crookes v. Newton that merely providing
hyperlinks to defamatory content will not lead to liability for
Ontario Court of Appeal holds that domain names
constitute personal property - In a landmark
decision, the Ontario Court of Appeal ruled in Tucows.Com Co.
v. Lojas Renner S.A. that a registered domain name constituted
intangible personal property. The court found that the bundle of
rights associated with a domain name were sufficient to
characterize domain names as "a new type of personal
Rolling the dice: Alberta court invalidates certain PIPA
provisions - The Alberta Court of Queen's
Bench struck down certain provisions in Alberta's Personal
Information Protection Act as being contrary to the
Charter in United Food and Commercial Workers, Local
401 v. Alberta (Information and Privacy Commissioner). The
impugned provisions, which are mirrored in the federal PIPEDA
legislation, were found to unduly restrict the use of images
recorded at a public demonstration.
Fourth time lucky? Government introduces copyright
reform bill—again - Industry Minister
Christian Paradis tabled Bill C-11, An Act to Amend the
Copyright Act, in the fourth attempt since 2005 to revise the
Copyright Act. At its introduction the bill was identical
to Bill C-32, which was introduced in June 2010 but died on the
order paper at the end of the parliamentary session.
Who was that masked man? Court protects anonymity of
Internet users - In Morris v. Johnson,
the Ontario Superior Court of Justice refused to order the
disclosure of the identities of three individuals who posted under
pseudonyms to an online forum. The court affirmed that in cases of
alleged defamation by anonymous parties, plaintiffs are required to
prima facie establish the elements of defamation before
courts will consider ordering the production of identity
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In September 2011, the British Columbia Supreme Court delivered its decision in Century 21 Canada Limited Partnership v. Rogers Communications Inc. [doing business as Zoocasa Inc.], 2011 BCSC 1196 (Zoocasa).
On March 11, 2009, the Office of the Superintendent of Financial
Institutions of Canada (OSFI) released a revised version of Guideline B-10, Outsourcing of Business Activities, Functions and Processes.
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