IMS Incorporated v. Toronto Regional Real Estate Board
IMS INCORPORATED, c.o.b. as RESTATS also known as REALITY
LEON Y. D'ANCONA
THE TORONTO REGIONAL REAL ESTATE BOARD
Law Firm / Organization
Gardiner Roberts LLP
Lawyer(s)

Kevin W. Fisher

Law Firm / Organization
Sprigings Intellectual Property Law
Lawyer(s)

Carol Hitchman

IMS Inc. and Leon Y. d'Ancona appealed an order that overturned part of a prior ruling, dismissing Toronto Regional Real Estate Board's claim. TRREB's copyright claims were upheld after the motion judge partially rectified the order. The appeal was successful, resulting in TRREB being awarded costs. The case revolved around TRREB's pursuit of copyright ownership for their online system, TRREB MLS®, and their allegations of unauthorized access and misuse by IMS. IMS argued that the motion judge committed multiple errors, focusing on the prothonotary's reasoning. While an error in assessing the prothonotary's error occurred, it did not impact the overall outcome. Paragraph 3 of the motion judge's order was deleted.
Federal Court of Appeal
A-330-21
Intellectual property
Respondent
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