Former UBC staff member Ian Linkletter filed an application for the Supreme Court of Canada to hear his anti-SLAPP application against Proctorio.
This case began in September 2020 when Proctorio filed a copyright infringement lawsuit against then-UBC staff member, Linkletter, for tweets where he linked unlisted Youtube videos from Proctorio which explained how the company's proctoring software worked and shared a screenshot from its help center.
UBC used Proctorio during the pandemic to invigilate online exams but restricted it in March of 2021 over ethical concerns.
- Proctorio v. Linkletter, one year in
- Linkletter says judge of case against Proctorio committed ‘errors of fact and of law’ in new appeal factum
- BC Court of Appeals dismisses former UBC staff member’s appeal in ongoing legal battle against Proctorio
In response, Linkletter and his legal team filed an anti-strategic lawsuit against public participation (SLAPP) application in October 2020. Linkletter argued Proctorio's lawsuit was groundless and an attempt to silence him.
The application was heard in the BC Supreme Court in February 2022 following several delays. Justice Warren B. Milman dismissed almost all of Linkletter's application under the Protection of Public Participation Act (PPPA) in a March ruling.
In July 2022, Linkletter filed an appeal to Milman's ruling, arguing there were three errors in the judge's ruling.
The alleged errors were deciding Linkletter had breached his obligation of confidence to Proctorio, that there was substantial merit to Proctorio's copyright claims and that Proctorio had demonstrated the harm experienced from Linkletter's tweets outweighed the public's interest in protecting Linkletter's expression.
In April, a BC Court of Appeals ruling found Milman did not make these three errors.
Now, Linkletter has filed an application for the Supreme Court to hear his case.
In a statement, Linkletter wrote that despite few cases making it to the Supreme Court, he believes his case "carries weight."
"It's more than just my fight. It involves issues of public importance that could shape every Canadian's freedom of expression," wrote Linkletter.
Linkletter also wrote that the aim of his application is to have the Supreme Court "reexamine" the Protection of Public Participation Act, which he previously stated "hasn't done its job."
"In BC, we have an anti-SLAPP law that was supposed to protect me, but it hasn't yet," wrote Linkletter.
"There's a lot at stake beyond my personal circumstances: it's in the public interest for my application to succeed."
Linkletter wrote it is now up to the Supreme Court "to make a judgment on whether to hear the case." He hopes to know their decision by the end of the year.
The Ubyssey did not hear from Proctorio by publishing time.
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