Concept Developments Ltd. v. Webb

Concept Developments Ltd. v. Webb

Summary judgment is denied because the necessary facts cannot be found on the record, there are serious credibility issues regarding the parties and High Grade, the legal question of authorization is factually and legally complex and the plaintiff's damages theory is novel and not established on this record; these matters must be determined at trial.

Citation
2010 FC 1315
Parties
Plaintiff: Concept Developments Ltd.; Defendant: Charles Webb; Defendant: Lorna Webb; Third Party: High Grade Homes Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
21 December 2010
Procedural Posture
Copyright Infringement (civil) / Motion for Summary Judgment (rule 213)
Outcome
Motion for summary judgment denied
Legal Topics
Authorization of Infringement, Substantial Similarity, Summary Judgment, Measure of Damages, Exemplary/punitive Damages
Source Language
English
Intellectual Property Copyright Civil Procedure Damages Authorization of Infringement Substantial Similarity Summary Judgment Measure of Damages +1 more

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Parties

Concept Developments Ltd.

Plaintiff

Charles Webb

Defendant

Lorna Webb

Defendant

High Grade Homes Inc.

Third Party

Procedural Posture

Copyright Infringement (civil) / Motion for Summary Judgment (rule 213)

Legal Issues

  1. 1 Whether the Webbs' plans and the built house infringe the Plaintiff's copyright (substantial similarity)
  2. 2 Whether the Webbs authorized infringement by High Grade
  3. 3 Whether knowledge of infringement is required for authorization

Ratio Decidendi

Summary judgment is denied because the necessary facts cannot be found on the record, there are serious credibility issues regarding the parties and High Grade, the legal question of authorization is factually and legally complex and the plaintiff's damages theory is novel and not established on this record; these matters must be determined at trial.

Court Disposition

Motion for summary judgment denied

Orders

  • Motion denied with costs to the Defendants Webb at the usual scale
  • High Grade Homes Inc. had been released from the litigation for payment of $25,000 (as recorded in the reasons)