The plaintiff appealed a Case Management Judge's order striking its statement of claim regarding copyright infringement in the TRREB MLS System.
The judge struck the claim as an abuse of process on the basis that a prior Federal Court of Appeal decision found no copyright existed in the system.
On appeal, the Court held the judge committed a palpable and overriding error by failing to require evidence that the works in question were the same, relying improperly on judicial notice.
The appeal was allowed and the plaintiff was granted leave to amend its copyright claims.
