REVENGE PORN – American Privacy Torts Continue to Migrate North

By Daniel Nashid on Tuesday, March 8th, 2016 in Copyright, Privacy, SOCIAL MEDIA.

  A recent decision of the Ontario Superior Court in Doe 464533 v. ND found damages available to the victim of revenge porn[1] – the public sharing of a sexually explicit video without the consent of the victim – under the novel privacy tort of “publication of embarrassing private facts”.[2]  The decision of the Court […]


Technological Neutrality – CBC v. SODRAC

By Daniel Nashid on Friday, January 29th, 2016 in Copyright, INTELLECTUAL PROPERTY, NEW MEDIA.

  Supreme Court of Canada affirms principle of technological neutrality and clarifies its application.   Copyright is a creature of statute.  It is a right granted to creators by statute only.  It is comprised of a bundle of independent rights (synchronization, reproduction, communication, performance) conferred on authors and creators by Parliament.  Given its nature, the […]


Landmark Equustek Decision Prohibits Search Engines from Listing Offending Search Results

By Daniel Nashid on Wednesday, September 2nd, 2015 in Copyright, INTELLECTUAL PROPERTY, Trademarks.

The British Columbia Court of Appeal released its highly anticipated decision in Equustek Solutions Inc. v. Google Inc.[1] on June 11, 2015.  The Court of Appeal upheld the right of an aggrieved party to obtain an injunction against an internet search engine, such as Google, from including offending websites and domains in its search results […]