Intellectual Property Law - ODC

The applicant, an icewine producer, challenged the validity of rules, by-laws, and regulations under the Vintners Quality Alliance Act, 1999, after its membership in the VQAO was terminated and approvals for its wines were revoked.

The applicant argued that the VQAO's taste test requirement and membership rules were ultra vires, and that the provincial scheme conflicted with its rights under the federal Trade-marks Act and Canada Agricultural Products Act.

The Divisional Court dismissed the application, finding that the VQAO's rules and by-laws were reasonable and properly enacted, the new regulation was intra vires, and there was no operational conflict or frustration of purpose invoking the doctrine of federal paramountcy.

The appellant appealed a Small Claims Court judgment dismissing its action for copyright infringement against the respondent, a former employee of a hotel.

The appellant claimed ownership of a logo used by the hotel and alleged the respondent infringed its copyright by using the logo in a website redesign and new signage.

The Divisional Court upheld the trial judge's findings that ownership of the logo had transferred to the hotel operator and that the respondent was not liable as she acted in the course of her employment.

However, the court granted leave to appeal the costs award, finding the trial judge erred in principle by awarding $4,250 to a self-represented litigant.

The costs award was reduced to $1,550.