Two years after the Nova Scotia Supreme Court struck down the Cyber-Safety Act, the Nova Scotia Government has reintroduced new legislation to deal with cyber-bullying. The new Act (Bill 27) will allow a victim or parents to ask a judge to order that the alleged offences stop, to take down a web-page, prohibit further contact with the victim, or even order the perpetrator to pay damages to the victim.
Someone making such an application to the Court can ask that no one shall be permitted to publish their name or any information likely to identify them.
It is important to note that this Act does not immediately make it an offence to cyber bully or distribute intimate images, unlike the previous Act. Also, the Criminal Code of Canada does have provisions dealing with the distribution of intimate images. It is only an offence if someone disobeys an Order made under the Act.
If you are involved in one of these applications, you should consult with an experienced criminal law lawyer.
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.