Toronto Regional Real Estate Board v. IMS Incorporated (RE Stats), 2024 FC 1537
Associate Justice Crinson - 2024-10-01
Read full decision. Automatically generated summary:
The Original Claim asserted infringement of a variety of rights including infringement of copyright. ... The Defendant, IMS successfully brought a motion to strike the Original Claim in its entirety. On appeal from that decision TRREB were successful in overturning the portion of the earlier decision striking TRREB’s allegations of copyright infringement in the TRREB MLS System. ... TRREB also served and filed a Second Amended Claim. In the Second Amended Claim, TRREB adds new allegations that it owns copyright in communication signals “broadcast on the Internet” and that IMS has infringed its copyright in those communication signals. ... The Defendant’s arguments are premised on factual determinations as to whether the Plaintiff is a broadcaster and how internet transmission is achieved. ... The Defendant has failed to meet the high burden of establishing it is plain and obvious that the pleaded allegations relating to infringement of rights in communication signals disclose no reasonable cause of action. ... The allegations in the Second Amended Claim may be different from earlier positions but I conclude they are not overtly inconsistent with those positions nor do they constitute a withdrawal of an admission. The Defendant’s motion to strike paragraphs [certain paragraphs] must fail as they do not constitute a radical departure from earlier pleadings or positions. ... As the Court has concluded that several of the requested particulars should be provided to enable the Defendant to intelligently plead over, IMS shall be granted an extension of time to serve and file a statement of defence to 30 days after the date the ordered particulars are provided.
Decision relates to:
- T-900-20 - THE TORONTO REGIONAL REAL ESTATE BOARD v. IMS INCORPORATED C.O.B. AS RESTATS