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**
Summary
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.
Quote.
"Abuse of process should only be invoked in the clearest of cases."
Source. 2023 FCA 70; grllp.com; pckip.com, accessed 2026-06-21.
Confidence. Verified.
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.
Implication / use. The single most important update to the post-2018 picture. Anchors Rule: treat MLS copyright as LIVE, not settled. 2017 FCA originality obiter was revived by 2023 FCA 70 (IMS v. TRREB). Any builder must NOT assume the 2017 obiter settled MLS copyright.
Related entries
Referenced by (4)
- research-notes 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) relates-to
- rule Rule: treat MLS copyright as LIVE, not settled. 2017 FCA originality obiter was revived by 2023 FCA 70 (IMS v. TRREB) depends-on
- reference Caveats: MLS-data inside-the-box brief (June 2026) — untested clauses, self-reported metrics, contested copyright status relates-to
- reference PIPEDA has no independent cause of action — complaints must go to the Privacy Commissioner first (s.14); FCA confirmed (Lexology / TRREB v. IMS) relates-to