Walcott v. Toronto Transit Commission

Walcott v. Toronto Transit Commission

The appeal court upheld the motion judge’s findings that the appellant failed to produce the alleged Guide, the submitted route lists were non-original compilations of public information and, even if any minimal expression existed, there was no evidence the TTC used or adopted the appellant’s materials; accordingly there was no genuine issue for trial and summary judgment dismissing the infringement and conspiracy-related claims was correct.

Citation
2021 ONCA 358
Parties
Plaintiff (appellant): Anderson T. Walcott; Defendant (respondent): Toronto Transit Commission; Defendant (respondent): Bell Canada; Defendant (respondent): Schwedt Map Art; Defendant (respondent): CMA/CPA
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
28 May 2021
Procedural Posture
Civil / Appeal From Summary Judgment Dismissing Action (court of Appeal)
Outcome
Appeal dismissed; motion judge’s summary judgment dismissing the action affirmed
Legal Topics
Summary Judgment, Copyright Infringement, Originality, Jurisdictional Threshold for Appeal, Conspiracy Allegations, Costs
Source Language
English
Civil Intellectual Property Copyright Civil Procedure Summary Judgment Copyright Infringement Originality Jurisdictional Threshold for Appeal +2 more

Case Brief

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Parties

Anderson T. Walcott

Plaintiff (appellant)

Toronto Transit Commission

Defendant (respondent)

Bell Canada

Defendant (respondent)

Schwedt Map Art

Defendant (respondent)

CMA/CPA

Defendant (respondent)

Procedural Posture

Civil / Appeal From Summary Judgment Dismissing Action (court of Appeal)

Legal Issues

  1. 1 Whether the Court of Appeal or Divisional Court had jurisdiction to hear the appeal under s.6(1)(b) of the Courts of Justice Act
  2. 2 Whether the appellant established copyright in a Guide or the submitted route materials
  3. 3 Whether the appellant’s submitted materials met the originality requirement for copyright protection

Ratio Decidendi

The appeal court upheld the motion judge’s findings that the appellant failed to produce the alleged Guide, the submitted route lists were non-original compilations of public information and, even if any minimal expression existed, there was no evidence the TTC used or adopted the appellant’s materials; accordingly there was no genuine issue for trial and summary judgment dismissing the infringement and conspiracy-related claims was correct.

Court Disposition

Appeal dismissed; motion judge’s summary judgment dismissing the action affirmed

Orders

  • Appeal dismissed
  • Costs fixed in the amount of $8,000 inclusive of disbursements and HST