Piracy v. Privacy – The Federal Court Significantly Restores the Balance in Canadian Mass Copyright Litigation by Insisting on “Best Available Evidence”

https://en.wikipedia.org/wiki/EvidenceToday’s ruling by the Federal Court of Canada in ME2 Productions, Inc. v. Doe, 2019 FC 214 is a reiteration and affirmation of the landmark ruling by Judge von Finckenstein in the first of these Canadian copyright “Doe” cases 14 years ago.   That BMG decision, which was upheld by the Federal Court of Appeal, made it clear that the Court will require substantial, admissible, reliable affidavit evidence that can be cross-examined upon. Today’s ruling notes that “…the key evidence that is found in the Arheidt Declaration is hearsay which cannot be subject to cross-examination since it is simply an exhibit to the affidavits. This is exactly the type of evidence which was rejected in BMG, which remains good law.”  In today’s ruling, Judge Pentney refers several times to the need for “the best available evidence.”The Court in BMG was then and is now still rightly…

Read more detail on Recent Intellectual Property Law posts –

Related news:

This entry was posted in Intellectual Property and tagged , , , , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply