Landlord liability for counterfeits – coming soon to Canadian premises near you?

By Tania D’Souza-Culora, Scott Foster and Kristen Kilroy

In Canada, there is as yet no clear precedent for holding a landlord liable as an intermediary for dealings in counterfeits on its premises. However, a case launched last year by Louis Vuitton could be about to change this

In Canada, there is no clear precedent to hold a landlord liable as an intermediary for dealings in counterfeits by its tenant where a landlord is not itself actively involved in such dealings. This differs from the position in the United States, China and the European Union, where liability has been extended to landlords which have knowledge of the unlawful activity.

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Issue 72