Fasken represented Proctorio, Incorporated (“Proctorio”), the developer of an online exam proctoring tool. In the underlying action, Proctorio was seeking a declaration of breach of confidence and breach of copyright and a permanent injunction to prevent Mr. Linkletter from tweeting or otherwise disseminating its confidential and copyrighted information. Mr. Linkletter had previously publicly tweeted screenshots of Proctorio’s confidential training materials intended to be viewed only by designated instructors. An interlocutory injunction was granted by the court. The BC Supreme Court denied Mr. Linkletter’s application to dismiss the underlying action under the Protection of Public Participation Act (“PPPA”).
Mr. Linkletter appealed the Court’s decision to the BC Court of Appeal, with Fasken appearing as Proctorio’s counsel. The Court of Appeal unanimously dismissed Mr. Linkletter’s appeal (2023 BCCA 160), agreeing with Proctorio that the judge did not err in finding grounds to believe that the breach of confidence claim had substantial merit, that Mr. Linkletter had no valid defence, and that the judge appropriately weighed the public interest. Mr. Linkletter sought leave to appeal to the Supreme Court of Canada which was denied.
The underlying action is now proceeding.
Fasken represents Proctorio, Incorporated with a team including Tracey M. Cohen, KC; and Julia Kindrachuk.
Jurisdiction
- British Columbia
