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"

Claim. In obiter, the Federal Court of Appeal in 2017 FCA 236 endorsed the Tribunal's conclusion that the TREB MLS compilation lacked the originality (skill/judgment/labour) required for copyright protection. TREB "had not put forward persuasive evidence."

Quote.

"Had not put forward persuasive evidence."

Source. 2017 FCA 236; grllp.com; pckip.com analysis, accessed 2026-06-21.

Confidence. Verified that the obiter was made; the finality of that obiter is the contested point — see 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.

Caveats. Obiter dicta is non-binding. The 2023 FCA 70 outcome makes clear the prior obiter did NOT finally decide the originality of the (different/updated) MLS work that came after. Do not treat the 2017 obiter as a settled "MLS is copyright-free" precedent.

Implication / use. The single most consequential — and most contested — point for any would-be builder. Anchors Rule: treat MLS copyright as LIVE, not settled. 2017 FCA originality obiter was revived by 2023 FCA 70 (IMS v. TRREB).