Inform Cycle Ltd. et al. v. Rebound Inc. et al., (2008) 438 A.R. 80 (QB)

• Judge: Brooker, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 14, 2008
• Citations: (2008), 438 A.R. 80 (QB);2008 ABQB 369

Inform Cycle Ltd. v. Rebound Inc. (2008), 438 A.R. 80 (QB)

MLB headnote and full text

Temp. Cite: [2008] A.R. TBEd. JN.078

Inform Cycle Ltd., Patrick Griffith and Lorie Griffith (plaintiffs) v. Rebound Inc., carrying on business under the firm name and style of Rebound Cycle, Ryan Draper, Kevin Simpson, Paul Brown, Updaddy.com, Inc., Wild West Domains, Inc., Hostnut.com, Inc. (defendants)

(0501 02030; 2008 ABQB 369)

Indexed As: Inform Cycle Ltd. et al. v. Rebound Inc. et al.

Alberta Court of Queen's Bench

Judicial District of Calgary

Brooker, J.

June 18, 2008.

Summary:

Draper registered "www.informcycle.com" as a web domain name. "Inform Cycle" was one of the names used by his former employers (the plaintiffs), who he believed owed him money. He hoped to sell this domain name to the plaintiffs, thereby recouping the money. While he used his own laptop computer, the initial registration of the domain name was effected using the internet connection of Rebound Cycle, his current employer. Following registration of the domain name, he redirected it to Rebound Cycle's website and then redirected it to a gay pornographic website. The plaintiffs sued, inter alia, Draper. The plaintiffs obtained summary judgment against Draper.

The Alberta Court of Queen's Bench awarded damages of $15,000.

Damage Awards - Topic 632

Torts - Injury to the person - Libel and slander - Draper registered "www.informcycle.com" as a web domain name - "Inform Cycle" was one of the names used by his former employers (the plaintiffs), who he believed owed him money - He hoped to sell this domain name to the plaintiffs, thereby recouping the money - While he used his own laptop computer, the initial registration of the domain name was effected using the internet connection of Rebound Cycle, his current employer - Following registration of the domain name, he redirected it to Rebound Cycle's website and then redirected it to a gay pornographic website - The plaintiffs sued, inter alia, Draper - The plaintiffs obtained summary judgment against Draper for three distinct torts: (1) passing off as a result of forwarding from the ".com" website to the Rebound website; (2) defamation in connection with the forwarding from the ".com" website to the gay pornographic website; and (3) the intentional tort of "knowingly and deliberately undertaking the registration and forwarding of the Misleading Domain Name (as defined in the pleadings)." - The Alberta Court of Queen's Bench awarded damages of $15,000 as follows: $5,000 for the tort of passing off; $5,000 for the torts of defamation and punitive damages of $5,000 - Punitive damages were justified to deter society from similar malicious conduct.

Damage Awards - Topic 705

Torts - Injury to economic or business relations - Passing off - [See Damage Awards - Topic 632 ].

Damage Awards - Topic 2015

Exemplary or punitive damages - Libel and slander - [See Damage Awards - Topic 632 ].

Damage Awards - Topic 2028.3

Exemplary or punitive damages - Passing off - [See Damage Awards - Topic 632 ].

Libel and Slander - Topic 4429

Damages - General damages (incl. measure of) - Exemplary or punitive damages - When available - [See Damage Awards - Topic 632 ].

Libel and Slander - Topic 4506

Damages - Libel - Defamation on the internet ("cyber libel") - [See Damage Awards - Topic 632 ].

Cases Noticed:

Law Society of British Columbia v. Canada Domain Name Exchange Corp., [2004] B.C.T.C. 1102; 32 B.C.L.R.(4th) 129; 2004 BCSC 1102, refd to. [para. 25].

CIBA-Geigy Canada Ltd. v. Apotex Inc., [1992] 3 S.C.R. 120; 143 N.R. 241; 58 O.A.C. 321; 44 C.P.R.(3d) 289, refd to. [para. 25].

Barrick Gold Corp. v. Lopehandia et al. (2004), 187 O.A.C. 238; 71 O.R.(3d) 416 (C.A.), refd to. [para. 30].

Vaquero Energy Ltd. v. Weir (2004), 352 A.R. 191; 2004 ABQB 68, refd to. [para. 32].

WeGo Kayaking Ltd. et al. v. Sewid et al., [2007] B.C.T.C. Uned. A91; 2007 BCSC 49, refd to. [para. 36].

Thomas Management Ltd. v. Alberta (2006), 397 A.R. 339; 384 W.A.C. 339; 2006 ABCA 303, refd to. [para. 43].

Hill v. Church of Scientology of Toronto and Manning, [1995] 2 S.C.R. 1130; 184 N.R. 1; 84 O.A.C. 1, refd to. [para. 44].

Counsel:

Shaun Cody, for the plaintiffs;

Janet McCready, for the defendant, Draper.

This matter was heard on May 14, 2008, by Brooker, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following reasons for judgment on June 18, 2008.