Abstract
Toronto Real Estate Board v Commissioner of Competition, 2017 FCA 236, 1 December 2017 The Federal Court of Appeal ruled that the Toronto Real Estate Board’s database, among other things, was contrary to competition law rules and lacked sufficient originality to attract copyright protection. Subsection 79(1) of Canada’s Competition Act, RSC 1985, c C-34 (the ‘Competition Act’) sets out a three-part test to determine whether there has been an abuse of a dominant position, namely: Where, on application by the Commissioner, the Tribunal finds that ... the Tribunal may make an order prohibiting all or any of those persons from engaging in that practice. In turn, subsection 79(5) provides an exception to anticompetitive conduct that involves the mere exercise of an intellectual property right: For the purpose of this section, an act engaged in pursuant only to the exercise of any right or enjoyment of any interest derived under the Copyright Act, Industrial Design Act, Integrated Circuit Topography Act, Patent Act, Trade-marks Act or any other Act of Parliament pertaining to intellectual or industrial property is not an anti-competitive act.
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