Summary
- The Ontario Court of Appeal has clarified the meaning of 'in the scope of employment' in Nexus Solutions Inc. v. Krougly, 2026 ONCA 199, ruling against Nexus's claim to copyright ownership of a competing software developed by Krougly.
- The trial court found that Krougly developed the software "Limedas" outside normal business hours and without Nexus's resources or direction, leading to the conclusion that it was a side venture.
- The Court emphasized that for copyright claims under Section 13(3) of the Copyright Act, an employer must show that the work was part of the employee's actual responsibilities.
- This decision underscores the importance of clear agreements regarding intellectual property rights between employers and employees
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