Online advertising is big business. It is estimated that $92 billion was spent worldwide last year, and forecasters expect that number to reach $143 billion by 2017. But to what extent are the distributers of online advertisements responsible for their content? That was the question considered by the Australian High Court in Google Inc v Australian Competition… → Read More
Category Archives: Communications
Subscribe to Communications RSS FeedThis Week at the SCC (14/12/2012)
Posted in Aboriginal, Communications, Conflict of Laws, Health, Intellectual Property, Labour and Employment, Media, Professions, Regulatory, This Week at the SCCCases Decided The Supreme Court of Canada released one decision this week of interest to Canadian businesses and professions. In Reference re Broadcasting Regulatory Policy CRTC 2010-167 and Broadcasting Order CRTC 2010-168, 2012 SCC 68, Rothstein J. for the majority of the Court held that the Canadian Radio-television and Telecommunications Commission (“CRTC”) lacked the jurisdiction to… → Read More
Hot Off the Press – World Class Actions: A Guide to Group and Representative Actions Around the Globe
Posted in Aboriginal, Class Actions, Communications, Construction and Real Estate, Energy, Financial Services, Franchise and Distribution, Health, Insurance, Media, Municipal, Procedure, Professions, Securities, TransportationIn the newly published World Class Actions: A Guide to Group and Representative Actions Around the Globe, McCarthy Tétrault litigators David Hamer and Shane D’Souza co-authored the “Multijurisdictional and Transnational Class Litigation: Lawsuits Heard ‘Round the World” chapter. The chapter offers guidance to international lawyers who represent clients involved in cross-border, multinational and international class… → Read More
Providing Debt Financing Does Not Necessarily Equal Control: “Canadian-Controlled” under s.16(3)(c) of the Telecommunications Act Clarified
Posted in Case Comments, CommunicationsSubsections 16(1) and 16(3) of the Telecommunications Act currently require most telecommunications common carriers operating in Canada to be Canadian-owned and controlled. While the interpretation of Canadian-owned is fairly uncontroversial, there has been much debate about the meaning of Canadian-controlled. Globalive Wireless Management Corp. v. Public Mobile Inc. is a long-running case that has considered… → Read More
Second Circuit Hears YouTube DMCA Cases
Posted in Case Comments, Communications, Intellectual Property, MediaIn mid-October, the influential United States Court of Appeals for the Second Circuit heard oral arguments in a $1-billion battle over the responsibility of Internet intermediaries for infringing content posted by third parties on their systems. The appeal in Viacom Intl. v. YouTube Inc. involves crucial questions that may have a ripple effect on litigation taking… → Read More
BCCA Asked to Review Advance Costs Made Against Private Litigants in Charter Litigation
Posted in Case Comments, Charter of Rights, Communications, Constitutional, ProcedureIn Dish Network L.L.C. v. Rex, the Supreme Court of British Columbia took the rare step of ordering advance costs in a constitutional challenge. More surprisingly, the court ordered three private litigants to pay 50% of those costs. This case is now headed to the Court of Appeal for British Columbia. Mr. Rex sold satellite… → Read More
SCC to Address Test for “Federal Undertakings” Under the Constitution
Posted in Case Previews, Communications, Constitutional, Labour and Employment, TransportationWhen do parties qualify as federal transportation undertakings for purpose of s. 92(10) of the Constitution Act, 1867? The Supreme Court of Canada will answer this question in the Tessier case, for which it recently granted leave to appeal. Decisions Below The appeal comes before the Supreme Court from the ruling of the Quebec Court of Appeal… → Read More
Subscribe to this blog via RSS
Follow us on Twitter