For the first time, a court in Canada has awarded separate damages for surrogacy fees for future potential pregnancies.
Mikaela Wilhelmson was involved in a head-on collision that killed three other people and left her with significant permanent disabilities, including never being able to carry a child. Rather than lump this in with the other usual non-pecuniary categories of pain, suffering and loss of amenities, the court awarded an additional amount, for the costs associated with retaining a surrogate in the future. The court accepted cost estimates of retaining a surrogate in the United States of between $50,000 and $100,000. The court took the low end of the range, $50,000, but awarded $100,000 for surrogacy fees for two future pregnancies. See Wilhelmson v. Dumma 2017 BCSC 616.
Canadian trademark practice is evolving every year due to technological advancements in brand marketing and changes in the law itself, whether through legislative amendments to the Trademarks Act or as a result of new judicial interpretations.
When you sue someone for copying your original work of art, music, drama or fiction without your permission, it’s often difficult, time consuming and very costly to calculate and prove the full amount of your financial losses.
During the last century, composers, musicians and their copyright lawyers held a traditional belief and legal understanding that copyright infringement lawsuits related only to stolen lyrics and copied melodies, but not for more abstract compositional elements.