Jonathan G. Colombo

John Doe brought a motion to extend the time to serve and file a Notice of Appeal from a lower court order that denied his standing to appear as an anonymous party and make submissions on an Anti-SLAPP motion.

The Court of Appeal dismissed the motion, finding that Doe did not form a bona fide intention to appeal within the relevant period, his delay was a result of a failed litigation strategy, and granting the extension would cause significant prejudice to the responding parties.

The court also found the proposed appeal lacked merit, rejecting the novel argument that Anti-SLAPP provisions protect anonymity in litigation.

The applicant, Trader Corporation, operating digital marketplaces for vehicles, alleged copyright infringement by the respondent, CarGurus, Inc., a competitor, for posting photos taken by Trader's photographers on its own website.

Trader sought a declaration of infringement, a permanent injunction, and statutory damages.

The court found that Trader owned copyright in 152,532 photos and that CarGurus infringed them.

The fair dealing defence was rejected, and CarGurus was not considered an "information location tool" exempt from statutory damages.

However, the court found that the minimum statutory damages of $500 per photo would be grossly disproportionate and reduced the award to $2 per photo, totaling $305,064.

Requests for punitive damages and a permanent injunction were dismissed.