Back To The Stampede: Court Upholds Forum Selection Clause Requiring Copyright Action To Return to Alberta

In Bull Run Productions Inc. v. Wild TV Inc., 2016 NSSC 315 the Supreme Court of Nova Scotia upheld a forum selection clause and required a copyright owner to bring its action for infringement in Alberta.

Bull Run, a federal corporation operating in Nova Scotia, produced a television program which it licensed to Wild TV, an Alberta corporation, for airing on Wild TV's media network. The parties licensing agreements expired by mid-2012. In 2016, Bull Run learned that episodes of its program were being aired by Wild TV. Bull Run commenced an action in Nova Scotia for copyright infringement for Wild TV having aired, offered for sale or otherwise distributed the episodes after the end of the licensing period.

Each of the parties' licensing agreements contained a forum...