Author: Alexandra Lemelin, Nicolas Charest and Michael Shortt

About Alexandra Lemelin, Nicolas Charest and Michael Shortt

Alexandra Lemelin joined the Fasken team as a student in May 2021 during her second year of law school at Université de Laval. She will complete her professional training at the École du Barreau in winter 2023.

The Federal Court of Appeal has spoken: actual damage doesn’t need to be proved in order to obtain statutory damages under the Copyright Act

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In its February 2022 decision in RallySport Direct LLC, the Federal Court of Appeal (“FCA”) reiterated and confirmed the principle established in the decision of the Ontario Superior Court in Trader. This Court determined that a copyright owner could claim the statutory damages provided in section 38.1 of the Copyright Act (“Act”), even where there was no monetary damage and no loss of business opportunity.

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