{"id":1611,"slug":"ims-v-trreb-2023-fca-70-copyright-revived","title":"IMS v. TRREB (2023 FCA 70) — FCA allowed TRREB's copyright claims to proceed; prior 2017 obiter did NOT finally decide originality of *this* (different/updated) MLS work; **copyright is live again, not settled**","kind":"reference","scope":"business","status":"current","audiences":["kevin","candid-team"],"topics":["mls-data-licensing","competition-law-canada"],"reference_body":"**Claim.** *IMS v. TRREB*, 2023 FCA 70 — the FCA allowed TRREB's copyright claims to proceed, holding the prior 2017 obiter did NOT finally decide the originality of *this* (different/updated) MLS work. \"Abuse of process should only be invoked in the clearest of cases.\" **The copyright question is therefore live again, not settled.**\n\n**Quote.**\n> \"Abuse of process should only be invoked in the clearest of cases.\"\n\n**Source.** 2023 FCA 70; grllp.com; pckip.com, accessed 2026-06-21.\n\n**Confidence.** Verified.\n\n**Caveats.** The case-management judge below had found it \"plain and obvious\" the copyright + PIPEDA claims could not succeed, citing the 2017 obiter — \"either there is copyright, or there is not.\" FCA 2023 reversed that on the originality-of-this-work point.\n\n**Implication / use.** The single most important update to the post-2018 picture. Anchors [[rule-mls-copyright-is-live-not-settled-since-2023-fca-70]]. Any builder must NOT assume the 2017 obiter settled MLS copyright.","rationale_body":null,"metadata":null,"links":{"outgoing":[{"slug":"research-brief-mls-data-inside-the-box-ontario-june-2026","title":"Research notes (capture-layer): inside the MLS box — what an Ontario member agent's account exposes, what goes unused, and what they're licensed to do with it (June 2026)","kind":"research-notes","scope":"business","link_type":"depends-on"},{"slug":"fca-2017-mls-compilation-lacks-originality-obiter","title":"FCA 2017 (2017 FCA 236) — in *obiter*, endorsed Tribunal's conclusion that the TREB MLS compilation lacked the originality (skill/judgment/labour) for copyright; TREB \"had not put forward persuasive evidence\"","kind":"reference","scope":"business","link_type":"relates-to"}],"incoming":[{"slug":"research-brief-mls-data-inside-the-box-ontario-june-2026","title":"Research notes (capture-layer): inside the MLS box — what an Ontario member agent's account exposes, what goes unused, and what they're licensed to do with it (June 2026)","kind":"research-notes","scope":"business","link_type":"relates-to"},{"slug":"rule-mls-copyright-is-live-not-settled-since-2023-fca-70","title":"Rule: treat MLS copyright as LIVE, not settled. 2017 FCA originality obiter was revived by 2023 FCA 70 (IMS v. TRREB)","kind":"rule","scope":"business","link_type":"depends-on"},{"slug":"caveats-mls-data-inside-the-box-untested-clauses-and-self-reported-metrics","title":"Caveats: MLS-data inside-the-box brief (June 2026) — untested clauses, self-reported metrics, contested copyright status","kind":"reference","scope":"business","link_type":"relates-to"},{"slug":"pipeda-no-independent-cause-of-action-fca","title":"PIPEDA has no independent cause of action — complaints must go to the Privacy Commissioner first (s.14); FCA confirmed (Lexology / TRREB v. IMS)","kind":"reference","scope":"business","link_type":"relates-to"}]},"created_at":"2026-06-21T10:51:32.817Z","updated_at":"2026-06-21T10:51:32.817Z"}