Federal Court of Appeal upholds significant statutory and punitive damages for successful copyright owner

2424508 Ontario Ltd et al v. Rallysport Direct LLC, 2022 FCA 24

On February 9, 2022, the Federal Court of Appeal dismissed an appeal of an earlier-obtained award to the plaintiff Rallysport at the trial level of statutory damages ($357,000 plus prejudgment interest) for copyright infringement as well punitive damages ($50,000) against two Ontario companies and their two directors and officers jointly and severally.

The decision will be encouraging to copyright owners, particularly in instances where the quantum and extent of the harm arising from the infringement may be difficult for the copyright owner to precisely quantify.

Doak Horne and Sarah Li of Gowling WLG successfully represented the copyright owner and plaintiff Rallysport (respondent on appeal), a US automotive parts re-seller, both at the trial level and on the appeal.

Read our detailed case commentary.