Archive for the ‘litigation’ Category

Supreme Court of Canada Denies Leave in Domain Name Dispute Case

May 24, 2012

Today, the Supreme Court of Canada denied application for leave to appeal in Lojas Renner S.A. v. Tucows.Com Co. (Ont.) (Civil) (By Leave) (34481) Coram: Deschamps / Fish / Karakatsanis.

The dispute was over the right to the internet domain name “renner.com”. The applicant, Lojas Renner S.A., operates a number of retail department stores in Brazil and owns the registered trademark “Renner”, while the respondent, Tucows.com, is a Canadian domain name registrar which purchased the domain name “renner.com” in 2006 and is the registrant of that domain name with the internationally-recognized non-profit organization, the Internet Corporation for Assigned Names and Numbers (“ICANN”).   Lojas Renner S.A.’s motion to set aside service ex juris of  Tucows.com statement of claim and to stay the action for want of jurisdiction was granted. The Ontario Court of Appeal unanimously allowed Tucows.com’s appeal. The Court of Appeal for Ontario held that Ontario had jurisdiction over the dispute, finding that a domain name is personal property and that presence-based jurisdiction is established if the plaintiff’s servers are physically located in Ontario.

Lojas Renner S.A. unsuccessfully sought leave to appeal on the following issues:

  • Whether the Court of Appeal erred in stating that the policy of the UDRP is to “refer” legitimate disputes to the Court?
  • Whether the Court of Appeal erred in holding that the Superior Court of Ontario’s jurisdiction was “unlimited and unrestricted”?
  • Whether the Court of Appeal erred in making no assessment of whether the claim before it was justiciable?
  • Whether the Court of Appeal erred in determining in the abstract that a domain name was “personal property in Ontario”?
  • Whether the Court of Appeal erred in failing to consider whether it accords with principles of order, fairness and comity to read “intangible” into Rule 17.02 – Rules of Civil Procedure, R.S.O. 1990, Reg. 194, Rules 17.02(a), 17.06(1).

I previously wrote a case comment about this important internet jurisdiction case: “The Internet as Property: The Implications of Tucows.Com Co. v. Lojas Renner S.A., and SOPA”, The Globetrotter, OBA International Law Section Newsletter, Volume 16, No. 1 – December 2011 [pdf].

A Triumph of Form Over Substance: Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd.

March 15, 2012

Supreme Court of Canada

The Supreme Court of Canada released its decision this morning in Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd.2012 SCC 9 (SCC). A copy of my brief case comment entitled “A “Momentous” Decision on Consent-Based Jurisdiction“, OBA Civil Litigation Section “Keeping Tabs” Volume 19, No. 2 January/Janvier 2011, is available here. (more…)

Emir Aly Crowne (né Mohammed), “Greener Pastures for Tucows”: A Reply

October 25, 2011

Emir Aly Crowne (né Mohammed) (University of Windsor – Faculty of Law) has posted a case comment on the recent Ontario Court of Appeal decision in Tucows.Com Co. v. Lojas Renner S.A., 2011 ONCA 548 entitled “Greener Pastures for Tucows (via SSRN), Journal of Intellectual Property Law & Practice (Oxford), October 12, 2011.  See also my previous post here.

 Professor Crowne argues that it is debatable that domain names can or should be considered property.

I find this argument intriguing; particularly, since domain names are a form of intangibles that may be part of a bundle of rights that are enforceable, either in personam or in rem, depending on the characteristics of the intellectual property itself. (more…)

CBA Council Passes Resolution on Judicial Protocols for Class Actions

September 8, 2011
Coat of arms of the Canadian Bar Association.

Image via Wikipedia

I received a copy of an email blast from Sylvie Rodrigue, Chair of the National CBA Task Force on Class Actions this morning announcing that on August 14, 2011, the Council of the Canadian Bar Association:

  • approved as best practices the Canadian Judicial Protocol for the Management of Multi-Jurisdictional Class Actions; and
  • endorsed the ABA “Protocol on Court-to-Court Communications in Canada – U.S. Cross-Border Class Actions” and “Notice Protocol: Coordinating Notice(s) to the Class(es) in Multijurisdictional Proceedings.” (more…)

Failure to Renew Writ of Execution Within 20-year Limitation Period Bars Enforcement

August 25, 2011
Out Of Time Man

Image by stefanopa via Flickr

Kovachis v. Dunn, 2011 ONSC 4174 (CanLII) confirms that failure to renew a writ of fieri facias (also referred to as a writ of seizure and sale or writ of execution) within the 20-year limitation period under the old Limitations Act, R.S.O. 1990, c. L.15 (the old Act) results in a time-bar of the enforcement of the underlying judgment under the transition provisions of the Limitations Act, 2002, S.O. 2002, C. 24, Sch. B, (the new Act). (more…)


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