Small Change: Small Claims Court and Intellectual Property Disputes

Résumé :

Given the increased damages available at provincial and territorial small claims courts, it is feasible to bring intellectual property matters before these courts for their simplified, relatively inexpensive proceedings, and speedy resolutions. Some issues of jurisdiction and constitutionality remain unresolved; however, a review of the case law confirms that copyright and trade-mark matters are being decided by small claims courts. Limitations of proceeding by way of Small Claims Court are the capped monetary amount that can be claimed and the lack of equitable remedies available in most instances. For a suitable case, the Small Claims Court is an attractive alternative for, at least, copyright and trade-mark infringement actions.