The Ontario Court of Appeal has upheld a decision dismissing a class action lawsuit against Teranet.
Keatley Surveying Ltd. brought the action in 2007 on behalf of Ontario land surveyors against Teranet, which operates the province’s electronic land registry system. Class members claimed that Teranet had infringed on their copyright by digitizing, storing and copying plans of surveys they created and deposited in the system.
After the lawsuit was certified in 2015, both sides moved for summary judgment. A motion judge dismissed the action last year, finding that land surveyors do not hold copyright in plans registered in the system and that therefore the plaintiff had no claim for breach of copyright.