Canada Safety Council files lawsuit against CAPSC Safety Services Nova Scotia to protect intellectual property rights

The Canada Safety Council (CSC) has filed a lawsuit against CAPSC (Canadian Association of Provincial Safety Councils) Safety Services Nova Scotia, charging the named defendant with infringement and violation of the CSC’s rights under the Copyright Act.

The suit, filed in the Ontario Superior Court of Justice, alleges that the defendant willfully misappropriated the CSC’s motorcycle safety and training curriculum materials in connection with the development and publication of (CAPSC’s) Motorcycle Training Canada curriculum materials, and prepared derivative works based on the CSC’s copyrighted curricula. It also appears that other members of (CAPSC) may be implicated and CSC will move early this year to protect the assets of CSC.

The suit seeks to permanently stop the defendants from using the Motorcycle Training Canada materials, or any other product that infringes upon the CSC’s copyrights, as well as from marketing or offering the Motorcycle Training Canada program and from making any false endorsement suggestion.

“The Canada Safety Council attempted to resolve these issues without a lawsuit, but Safety Services Nova Scotia was unwilling to discuss the issue and or to stop their unlawful conduct,” points out Jack Smith, President of CSC. “After CAPSC began attempting to market, distribute and offer the Motorcycle Training Canada curriculum materials to motorcycle safety programs across the country, it became clear the CSC had no choice but to take legal action to protect its intellectual property rights.”

Canada Safety Council has worked with all provinces and territories in Canada in connection with motorcycle safety training and policy for more than 35 years, and continues to support motorcyclists in Nova Scotia. In fact, while maintaining copyright jurisdiction, CSC granted permission to Manitoba Transportation, now Manitoba Public Insurance, to use content from CSC’s Motorcycle Student and Instructor Manuals to provide information and to establish provincial standards for motorcycle training.

“This is the first time in its history that CSC has initiated this sort of legal action,” Smith said. “We much prefer to focus on our mission and making motorcycling safer and more enjoyable. But if an organization does not protect its intellectual property rights, it can lose them. The CSC does not object to another entity developing a different learning to ride curriculum. However, the CSC does take issue with anyone who takes a shortcut by misappropriating the CSC’s curriculum and misrepresenting it as its own.”

Canada Safety Council has been developing and maintaining quality, research-based rider education and training curricula to best meet the safety-related needs and interests of the motorcycling community for more than 35 years. The CSC invests significantly in the scope, quality and continuous improvement of its rider education and training systems, applying years of experience and the intellectual rigour of experts in motorcycle training and educational best practices. Our program is the widest of its kind used in Canada and has been since 1974.

The Canada Safety Council has set internationally recognized standards that promote the safety of motorcyclists with course, testing and public information. As a charitable, not-for-profit organization we enjoy the support of business, the motorcycle manufacturers, government and Canadian motorcycle riders. The mission is to make motorcycling safer and more enjoyable by ensuring access to lifelong quality education and training for prospective riders and those who already enjoy the activity. We constantly advocate for a safer riding experience and environment.

More than 500 thousand motorcyclists have taken CSC’s Gearing Up rider training courses.

As a not-for-profit, non-government organization, the Council draws upon the dedication and commitment of its directors, committee members and instructors. Contributions from corporate and individual members enable a small professional staff to maintain programming and respond to inquiries from the public, professionals, the media and others.