Cinema Guzzo, a leading Quebec movie chain, is being sued for a rough search of some of its patrons (Guzzo searches has been the subject of some online discussion here, here, and here). La Presse reports that a Montreal woman is seeking $60,000 in damages for the way the theatre […]
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Goldberg vs. Saunders on Wireless Pricing
I've said my fair share on Canadian wireless pricing, but it is worth pointing to postings from Mark Goldberg and Alec Saunders on the issue. I obviously side with Alec in this particular debate as I simply don't see how the Canadian wireless prices are defensible when contrasted with many […]
Supreme Court Stops Use of Copyright to Block Parallel Imports
The Supreme Court of Canada released its decision in the Euro-Excellence v. Kraft Foods case this morning, overturning the lower court decisions to find that the Copyright Act could not be used to block the parallel importation of Toblerone and Cote D'Or chocolates from Europe into Canada (I attended the SCC hearing and commented here). Kraft Canada tried to use copyright law to block the imports, arguing that while the chocolates were legit, the inclusion of the image of the mountain on the Toblerone bar involved an infringement of copyright.
The decision will take some time to unpack as, unusually for this court, it includes written reasons from four justices. In a nutshell, seven members of the court (Abella and McLachlin dissented) ruled that the Copyright Act could not be used to block the parallel imports for two different reasons. This represents an important finding as the court took a clear stand against the claim by Kraft Canada that it could use copyright to block the parallel imports. In doing so, one block of the court limits its decision to statutory interpretation of the Copyright Act, while a second block establishes a new copyright doctrine that suggests that the Copyright Act only protects "legitimate economic interests." In reading the decision, there is the sense that the court was uncomfortable with the use of copyright here, yet split on whether to adopt a conservative approach that relies solely on the text of the Act or to more aggressively interpret the Act to include the legitimate economic interest doctrine.
Courts, Online Contracts and Arbitration Clauses
I've been silent thus far on the recent Supreme Court of Canada decision involving Dell Computer and online contracting (that will change next week), but in the meantime it is worth noting that the Washington Supreme Court issued a decision one day before the SCC handed down the Dell decision […]
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Lawful Access on Steroids: Why Bill C-2’s Big Brother Tactics Combine Expansive Warrantless Disclosure with Unprecedented Secrecy 
Government Reverses on Privacy and the Charter: Department of Justice Analysis Concludes Political Party Privacy Bill Raises No Charter of Rights Effects 
“Big Brother Tactics”: Why Bill C-2’s New Warrantless Disclosure Demand Powers Extend Far Beyond Internet and Telecom Providers 
Government Seeks To Exempt Political Parties From Privacy Laws Even As CRTC Reports They Are Leading Source of Spam Complaints 
The Law Bytes Podcast, Episode 236: Robert Diab on the Return of Lawful Access
