Volume I

Issue : 10: November 13, 2003

• B.C. Court of Appeal Takes Note of Special Nature of an IT Business in Recent Decision
• Internet Browser Patent Re examination Ordered
• Time Warner to Enter the VoIP Market in California Bangladesh to Open VoIP to Private Sector
• CDT Releases Report on Spyware
• FTC Holiday Warning to E tailers
• B.C. Supreme Court has Jurisdiction Over Domain Name Dispute
• U.S. Court of Appeals Reverses FBI Eavesdropping Orders
• Pharma Companys Use of Cookies Found Not in of Violation of Privacy Legislation
• Manufacture of Garage Door Openers Uses DCMA to Fight Competitor
• Music Industry Establishes One-Stop International Licence for Webcasters
• Movie Industry Set to Sue Individual File Sharers in War Against Piracy
• Report Finds Identity Theft on the Rise in Canada
• Bank Managers Disclosure Of Private Information Leads To Cancelled Wedding

Home > Volume I > Issue 10: November 13, 2003 > B.C. Court of Appeal Takes Note of Special Nature of an IT Business in Recent Decision

B.C. Court of Appeal Takes Note of Special Nature of an IT Business in Recent Decision

The B.C. Court of Appeal in Ager v. Canjex Publishing Ltd. allowed the respondent to post less than the full amount of the judgment as security in order to stay execution pending the appeal.

Ager was successful in its libel action against Canjex Publishing, a company that provided information about various publicly traded companies, in its "Stockwatch" publication. Canjex appealed. A chambers judge ordered that Canjex post security of $500,000 in order to stay execution pending the appeal. The Court of Appeal departed from the usual rule that full security be posted because of the nature of the respondent company. The Court noted that "the assets of the defendant company are primarily in a computer system and attendant software designed especially for its business." If Canjex was unable to post security, and the respondent caused the system to be seized and sold, its business could be damaged beyond repair, even if it was successful on the appeal. As a result, the Court of Appeal allowed Canjex to post $230,000, an amount it could afford according to the evidence filed.

For a copy of the decision, visit:

http://www.courts.gov.bc.ca/Jdb-txt/CA/03/06/2003BCCA0612.htm

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