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Order in the Court? The Van Breda Trilogy – Part II – A New Test for Jurisdiction Simpliciter

By Brandon Kain, Elder C. Marques and Byron Shaw on Posted in Conflict of Laws, Media, Procedure, Torts

The Supreme Court of Canada’s Van Breda Trilogy – and its judgment in Van Breda in particular – endorses a new approach to jurisdiction simpliciter focused on categories of prima facie jurisdiction. Building on the Ontario Court of Appeal’s judgment, which revised the old Muscutt test, the Court has attempted to introduce greater clarity and… → Read More

Second Circuit Hears YouTube DMCA Cases

By Daniel G.C. Glover on Posted in Communications, Intellectual Property, Media

In 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

OCA to Consider Contractual Termination Right Due to Tarnished Reputations

By Adam Ship on Posted in Contracts, Media

The Ontario Court of Appeal will consider whether a party to a sponsorship agreement can terminate the agreement where the counterparty suffers a loss of public reputation. This case involved a sponsorship relationship between the Canadian Soccer Association and Hyundai Auto Canada Corporation. Hyundai agreed to be a sponsor of the Association, agreeing to pay… → Read More