Southwood v. El-Hawary

Southwood v. El-Hawary

The prior adjudication by Adjudicator Cooke produced an issue estoppel that precluded relitigation of the first five seminars; evidence and the absence of explanation for why Exhibit D-8 was not before Cooke led to the conclusion that Exhibit D-8 was not the material given to Montreal students and that Dr. El-Hawary knew infringing material would be provided to Toronto students, resulting in findings of copyright infringement in respect of Iberville and Toronto; damages were assessed at $100 per infringement given overlap with prior findings and EPIC's settlement; EPIC's settlement did not bar Southwood from pursuing El-Hawary and accordingly cross-claims were dismissed; no costs were...

Citation
2004 NSSM 41
Parties
Claimant: Charles Michael Southwood; Defendant: Dr. M. E. El-Hawary; Third Party: EPIC Educational Program Innovations Centre
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
23 April 2004
Procedural Posture
Small Claims Court / Adjudication/decision
Outcome
Consolidation granted; partial judgment for claimant on additional infringements (Iberville and Toronto); award of $200 total; cross-claims dismissed; no costs awarded
Legal Topics
Copyright Infringement, Res Judicata, Issue Estoppel, Damages, Limitation Period, Settlement Agreement, Third Party Claim, Costs
Source Language
English
Intellectual Property Copyright Civil Procedure Copyright Infringement Res Judicata Issue Estoppel Damages Limitation Period +3 more

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Parties

Charles Michael Southwood

Claimant

Dr. M. E. El-Hawary

Defendant

EPIC Educational Program Innovations Centre

Third Party

Procedural Posture

Small Claims Court / Adjudication/decision

Legal Issues

  1. 1 Whether prior adjudication (Adjudicator Cooke) barred relitigation of earlier seminars (res judicata/issue estoppel)
  2. 2 Whether Dr. El-Hawary infringed Mr. Southwood's copyright in respect of the Iberville and Toronto seminars
  3. 3 What damages are appropriate for the Iberville and Toronto infringements

Ratio Decidendi

The prior adjudication by Adjudicator Cooke produced an issue estoppel that precluded relitigation of the first five seminars; evidence and the absence of explanation for why Exhibit D-8 was not before Cooke led to the conclusion that Exhibit D-8 was not the material given to Montreal students and that Dr. El-Hawary knew infringing material would be provided to Toronto students, resulting in findings of copyright infringement in respect of Iberville and Toronto; damages were assessed at $100 per infringement given overlap with prior findings and EPIC's settlement; EPIC's settlement did not bar Southwood from pursuing El-Hawary and accordingly cross-claims were dismissed; no costs were...

Court Disposition

Consolidation granted; partial judgment for claimant on additional infringements (Iberville and Toronto); award of $200 total; cross-claims dismissed; no costs awarded

Orders

  • Consolidation of Small Claims Court actions 214175, 216708 and 219177
  • Find that Mr. Southwood's claim with respect to seminars one through five was already determined in SCCH No. 113804