Canada Case Law

Tatiana Gorenstein v. Meta Platforms, Inc.

Court

Federal Court of Appeal

Appeal dismissed because the Federal Court lacked statutory jurisdiction under the Federal Courts Act to adjudicate this essentially private contractual dispute between the appellant and Meta; the parties conceded the lack of federal jurisdiction and the Federal Court's reasoning on enforceability of forum selection clauses was not endorsed because necessary findings under Douez and Dell were not made.

Source excerpt

• Forum selection clause
• Terms of service
• Choice of law
• Contract of adhesion
• Jurisdictional competence
• Enforceability of online arbitration/choice clauses

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Clearview AI Inc. v. British Columbia (Information and Privacy Commissioner)

Court

British Columbia Court of Appeal

PIPA constitutionally applies to Clearview because its systematic, location‑indifferent scraping and prior business dealings with BC create a real and substantial connection; the Commissioner reasonably interpreted the PIPA exemptions narrowly so that social media scraping is not "publicly available" under the Regulations and Clearview lacked a reasonable purpose that would negate consent; the Commissioner's remedial order was a reasonable, enforceable exercise of discretion and is upheld.

Source excerpt

• Extraterritorial application of provincial statute
• Real and substantial connection test
• Publicly available exemption
• Reasonable purpose test
• Remedial discretion and enforceability

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Callender-Prasad v. Tesfay

Court

Supreme Court of British Columbia

The court partly granted an anti-SLAPP application, striking several defamation claims over Instagram Stories but allowing serious sexual misconduct and drug-use allegations to proceed.

• Anti-slapp (pppa)
• Public interest balancing
• Fair comment defence
• Justification/truth defence
• Causation of reputational harm
• Pruning of pleadings

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Gasparetto v. Bradley Jr.

Court

Supreme Court of Nova Scotia

Evidence established control of the impugned accounts by the respondent and the communications met the statutory definition of cyber-bullying (electronic, caused harm or likely to, and were malicious/reckless); taking statutory s.6(7) factors and case law on damages into account, the court granted prohibitory and takedown orders, declared the communications cyber-bullying, awarded compensatory, aggravated and punitive damages and costs, and denied an account of profits for lack of evidence.

Source excerpt

• Intimate images and cyber-protection act
• Cyber-bullying
• Damages assessment
• Costs
• Service of process
• Cross-border enforcement

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Bell Media Inc. v. John Doe 1

Court

Federal Court

The Federal Court granted default judgment and a site-blocking order against Soap2Day defendants, with safeguards and a process to extend relief to copycat sites.

• Site‑blocking
• Copycat websites
• Default judgment
• Third party orders
• Dynamic blocking
• Official languages act bilingual publication

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Canada Easy Investment Store Corporation v. MacAskill

Court

Supreme Court of British Columbia

The court dismissed a post-judgment application for non-party document production, holding the matter was functus officio and the defendant’s technical evidence lacked expert support.

• Interlocutory and permanent injunctions
• Functus officio
• Expert evidence for technical issues
• Production from non-parties
• Service and notice requirements
• Costs

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I Buy Beauty LLC v. Dong

Court

Supreme Court of British Columbia

The court found repeated online statements by a YouTuber defamatory, rejected any unpleaded truth or fair comment defence, and awarded damages plus a permanent injunction.

• Publication
• Justification/truth
• Fair comment
• General damages
• Aggravated damages
• Punitive damages

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R. v. Bykovets

Court

Supreme Court of Canada

A majority of the Supreme Court held that an IP address can attract a reasonable expectation of privacy, so a state request for it is a search under s. 8.

• Section 8 charter
• Reasonable expectation of privacy
• Ip address
• Search and seizure
• Third‑party disclosure
• Production order

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Prandi v. Salisbury

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from the refusal of a Norwich order sought to identify an anonymous online defamer, holding the application was improperly brought in the family case.

• Norwich order
• Pre-action discovery
• Implied undertaking
• Hearsay
• Practical source
• Fishing expedition

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Malak v. Hanna

Court

Supreme Court of British Columbia

The court found a common design to defame the plaintiffs, held VTS vicariously liable for Jackman and Paine, awarded damages, and refused disgorgement and an injunction.

• Common design (concerted action)
• Vicarious liability
• Internet defamation
• Aggravated damages
• Punitive damages
• Disgorgement of profits

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