Massie & Renwick Ltd. v. Underwriters' Survey Bureau Ltd.

Massie & Renwick Ltd. v. Underwriters' Survey Bureau Ltd.

The Court held that it should not decide on the sufficiency of the conspiracy/combine allegations on the pleadings and remitted that issue to trial (defendant's appeal allowed to that extent), because whether injunction should be refused for conduct amounting to a scheme is a discretionary (but limited) question of equity for trial to resolve; and the Court held that section 24 of the Copyright Act (three-year limitation) can apply to claims under section 21 for recovery of possession or conversion where the infringing copy's making/importing constituted infringement, so the plaintiffs' appeal on that point was dismissed.

Citation
[1937] SCR 265
Parties
Defendant; Appellant/respondent: Massie & Renwick, Limited; Plaintiff; Respondent/appellant: Underwriters' Survey Bureau Limited and others; Intervenant: J. E. Clement, Inc. and others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 March 1937
Procedural Posture
Appeal From Exchequer Court of Canada to Supreme Court of Canada / Preliminary Questions on Pleadings (questions of Law Stated for Determination Prior to Trial)
Outcome
Defendant's appeal allowed in part (order striking conspiracy allegations set aside and matter remitted to trial); Plaintiffs' appeal dismissed (section 24 held applicable to section 21 claims of the character described); costs awarded as stated.
Legal Topics
Copyright Infringement, Conversion, Injunction, Limitation Period, Conspiracy/combine, Jurisdiction, Statutory Construction
Source Language
English
Intellectual Property Copyright Equity Civil Procedure Competition Law Tort (conversion) Copyright Infringement Conversion +5 more

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Parties

Massie & Renwick, Limited

Defendant; Appellant/respondent

Underwriters' Survey Bureau Limited and others

Plaintiff; Respondent/appellant

J. E. Clement, Inc. and others

Intervenant

Procedural Posture

Appeal From Exchequer Court of Canada to Supreme Court of Canada / Preliminary Questions on Pleadings (questions of Law Stated for Determination Prior to Trial)

Legal Issues

  1. 1 Whether allegations of combination/conspiracy in defence, if proven, disentitle plaintiffs to equitable relief (injunction)
  2. 2 Whether section 24 of the Copyright Act bars claims made under section 21 for recovery of possession or in respect of conversion
  3. 3 Whether the court should decide sufficiency of conspiracy pleadings on the pleadings or remit to trial

Ratio Decidendi

The Court held that it should not decide on the sufficiency of the conspiracy/combine allegations on the pleadings and remitted that issue to trial (defendant's appeal allowed to that extent), because whether injunction should be refused for conduct amounting to a scheme is a discretionary (but limited) question of equity for trial to resolve; and the Court held that section 24 of the Copyright Act (three-year limitation) can apply to claims under section 21 for recovery of possession or conversion where the infringing copy's making/importing constituted infringement, so the plaintiffs' appeal on that point was dismissed.

Court Disposition

Defendant's appeal allowed in part (order striking conspiracy allegations set aside and matter remitted to trial); Plaintiffs' appeal dismissed (section 24 held applicable to section 21 claims of the character described); costs awarded as stated.

Orders

  • Defendant's appeal allowed, costs in the cause.
  • Plaintiffs' appeal dismissed with costs.