Vidéotron Ltée c. Technologies Konek Inc., 2023 CAF 92
Justice Boivin; Justice LeBlanc; Justice Goyette - 2023-05-03
Read full decision. Automatically generated summary:
In particular, the judge [see 2022 FC 256] concluded that the respondent companies Konek and Hill Valley are jointly and severally liable for copyright infringements in the retransmission of TVA Group stations, including the TVA and TVA Sports stations. However, the judge exonerated the respondent company Libéo from any liability relating to the violations in question. ... In adopting the legal framework for the lifting of the corporate veil for "fraud, abuse of rights or contravention of a rule affecting public order" (art 317 CCQ), the judge's analysis necessarily focused on the question responsibility of Libéo through the prism of the fault of others, namely that of Konek and Hill Valley, whereas it was the question of the direct fault of Libéo which was at stake. ... Thus, if the judge had placed his analysis within the appropriate legal framework, I am of the opinion that, in the light of the evidence presented, the conclusion that Libéo is responsible for the infringement of the Group's copyright VAT would have imposed itself. (based on a translation)
Decision relates to:
- A-63-22 - VIDEOTRON LTÉE ET GROUPE TVA c. TECHNOLOGIES KONEK INC. ET AL which is an appeal from 2022 CF 256 in T-374-21