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The Federal Court stayed Tatiana Gorenstein’s action against Meta, enforcing Instagram’s forum selection clauses and finding she was not a consumer under the terms.
The court struck most challenged affidavit material in a proposed class action against Meta, finding much of it was unauthenticated hearsay and not admissible on certification.
The court struck most of a self-represented plaintiff’s claim over alleged trademark, copyright, harassment, and defamation issues, but allowed an amended privacy and negligence claim.
The court dismissed X Corporation’s jurisdictional application, finding the X Terms of Service forum clause did not clearly cover the plaintiff’s defamation and conspiracy claims.
Appeal dismissed. The appellant failed to prove on a balance of probabilities that the respondents were the persons who uploaded the work or that they authorized infringement; drawing an adverse inference was premature in the absence of sufficient evidence or attempts to obtain discovery, and ESA confines authorization to the person who makes the work available for download while Rogers prevents presuming a subscriber is the uploader.
Source excerpt
Appeal from an order striking Bell’s defence and counterclaim was dismissed, though the Court noted copyright misuse was not as narrowly confined as the motion judge suggested.
The Federal Court found Trend Hunter liable for copyright infringement for posting six photographs without authorization and awarded nominal damages and costs.
The Federal Court allowed TekSavvy’s appeal in part, quashing a Norwich order because the plaintiffs’ evidence was insufficient, while remitting statutory damages to the case management judge.
The Court of Appeal held that a Criminal Code production order could issue against Craigslist despite its only virtual presence in British Columbia, and remitted the application.
British Columbia Court of Appeal held Mr. Caza had no reasonable expectation of privacy in ISP subscriber information obtained without a warrant and dismissed the appeal.
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