The total liability cap kind of makes the total liability a moot point, but one thing to clarify is that court costs are decided by the court and don't cover full legal fees. Full filing fees, disbursements etc are, but the rate for a lawyer's time and what is considered a billable increment is controlled and to my knowledge pretty much never covers the cost of a real lawyer going to court.
Back on topic.. My hope is that this way of dealing with infringement pushes big media into actually providing easier and more convenient access to digital media. I was just discussing with a friend how absurd blu-ray is to our generation. We don't want/need media for something we are going to watch once. We just want a quick DL with good quality (which really doesn't need the space available on a BR disc). For TV I'm happy with 720P and for movies a decently encoded 1080P video. I can get that on bittorrent. If I was able to get it from the source as fast or faster with as good or better quality.. I'd pay as would many others. If these laws make suing filesharing into nonexistence infeasible maybe monetizing on digital distribution becomes appetizing. Maybe some of those companies holding out will finally license for Netflix Canada or start their own distribution in Canada.
The lack of access raises another question: what are actual damages of a "legal" digital copy is not available in Canada? I downloaded some movie and it's not available as a pay-for download in Canada. Still infringement, obviously, but what are the actual damages? If it's available on iTunes for $5.99, that's easy, it's $5.99. If it isn't available will the courts decide what a comparable value is or will they deem it as having no value. With the other media verdicts in Canada I can't see it being deemed to be worth the max allowable. That's what will be claimed, but that's not the precedent that's going to be set. I'm hoping some brave level headed judge decides not having it available digitally means no value. That will basically force the media giants into figuring out digital distribution in Canada (though the pessimist in me thinks they would make them available at higher cost than media purchases so they can drag their dinosaur feet a little longer).