Review commentary on recent cases by area of practice.

Canadian Standards Assn. v. P.S. Knight Co., [2018] F.C.J. No. 1229

Decision affirmed.

The Crown does not have copyright in a work (nor is the work in the public domain) merely because that work is incorporated by reference in legislation.

Subtopic: Part 5 Ownership and Licence: A. Ownership
Commentary: Hughes on Copyright and Industrial Design, 2nd Edition (§40 Crown Copyright)

Niagara Falls (City) v. Ontario Lottery and Gaming Corp., [2018] O.J. No. 83

The Ontario Superior Court of Justice confirmed that the test to be used when granting a confidentiality order should be:

1. such an order is necessary in order to prevent a serious risk to an important interest, including a commercial interest, in the context of litigation because reasonably alternative measures will not prevent the risk; and
2. the salutary effects of the confidentiality order, including the effects on the right of civil litigants to a fair trial, outweigh its deleterious effects, including the effects on the right to freedom of expression, which in this context includes the public interest in open and accessible court proceedings.

Protea Consultax Inc. v. Air Canada, [2018] B.C.J. No. 1145

An “eleventh hour application” for security for costs that attempted to “put unfair pressure on the plaintiff” and that would, if successful, likely frustrate the plaintiff’s action, was dismissed by the court.

Subtopic: Limits on Jurisdiction
Commentary: British Columbia Practice, 3rd Edition (within Discretion – (2) Individual Plaintiffs)

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