National Breweries Ltd. v. Paradis

National Breweries Ltd. v. Paradis

Section 39 of the Copyright Act must be construed to require that a plaintiff prove the defendant acted 'with intent to evade the law' for any of the four penalized forms of copying; on the facts the trial judge's finding of no intent was upheld, so penalties could not be imposed.

Citation
[1925] SCR 666
Parties
Appellant / Defendant: National Breweries Ltd.; Respondent / Plaintiff: A. Paradis
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 June 1925
Procedural Posture
Appeal From Court of King's Bench (province of Quebec) Concerning Penal Remedy Under the Copyright Act / Supreme Court of Canada – Decision on Appeal (final Judgment)
Outcome
Appeal allowed; judgment of trial court restored; plaintiff's penal claim dismissed for want of proof of intent to evade the law.
Legal Topics
Copyright Infringement, Statutory Interpretation, Penal Mens Rea, Maps and Cartographic Works
Source Language
English
Intellectual Property Copyright Law Penal Remedies Copyright Infringement Statutory Interpretation Penal Mens Rea Maps and Cartographic Works

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

National Breweries Ltd.

Appellant / Defendant

A. Paradis

Respondent / Plaintiff

Procedural Posture

Appeal From Court of King's Bench (province of Quebec) Concerning Penal Remedy Under the Copyright Act / Supreme Court of Canada – Decision on Appeal (final Judgment)

Legal Issues

  1. 1 Whether s.39 of the Copyright Act requires proof of 'intent to evade the law' for all penalized forms of copying (whole or part, altered or unaltered)
  2. 2 Whether the defendant's reproduction of the index map constituted an infringing act attracting penalties absent intent
  3. 3 Whether appellate court should disturb trial judge's findings of fact regarding intent and good faith

Ratio Decidendi

Section 39 of the Copyright Act must be construed to require that a plaintiff prove the defendant acted 'with intent to evade the law' for any of the four penalized forms of copying; on the facts the trial judge's finding of no intent was upheld, so penalties could not be imposed.

Court Disposition

Appeal allowed; judgment of trial court restored; plaintiff's penal claim dismissed for want of proof of intent to evade the law.

Orders

  • Appeal allowed with costs in this Court and in the Court of King's Bench.
  • Judgment of the learned trial judge restored and penalties under s.39 not awarded.