Wiseau Studio, LLC v. Harper

Wiseau Studio, LLC v. Harper

All Grandview preconditions were satisfied: the Ontario judgments and appeal process (including dismissal of leave) were final; parties are the same; the Federal s.41.1 claim arises from the same source and subject-matter and was not a separate and distinct cause of action; and the s.41.1 claim could and should have been raised with reasonable diligence in the Ontario proceedings. Accordingly the Federal action is barred by cause of action estoppel and is an abuse of process and must be struck without leave to amend.

Citation
2022 FC 568
Parties
Plaintiff: Wiseau Studio, LLC; Defendant: Richard Harper; Defendant: Fernando Forero McGrath; Defendant: Martin Racicot, D.B.A. Rockhaven Pictures; Defendant: Room Full of Spoons Inc.; Defendant: Parktown Studios Inc.; Defendant: Richard Stewart Towns
Court
Federal Court
Jurisdiction
Canada
Judgment Date
20 April 2022
Procedural Posture
Copyright Infringement (circumvention of Technological Protection Measures) / Motion to Dismiss/strike for Cause of Action Estoppel and Abuse of Process (case Management Judge Decision)
Outcome
Plaintiff's action struck for cause of action estoppel and abuse of process; struck without leave to amend; defendants awarded costs of $3,000.
Legal Topics
Section 41.1 Copyright Act, Cause of Action Estoppel, Issue Estoppel, Delivery Up, Costs
Source Language
English
Copyright Intellectual Property Civil Procedure Res Judicata Abuse of Process Section 41.1 Copyright Act Cause of Action Estoppel Issue Estoppel +2 more

Case Brief

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Parties

Wiseau Studio, LLC

Plaintiff

Richard Harper

Defendant

Fernando Forero McGrath

Defendant

Martin Racicot, D.B.A. Rockhaven Pictures

Defendant

Room Full of Spoons Inc.

Defendant

Parktown Studios Inc.

Defendant

Richard Stewart Towns

Defendant

Procedural Posture

Copyright Infringement (circumvention of Technological Protection Measures) / Motion to Dismiss/strike for Cause of Action Estoppel and Abuse of Process (case Management Judge Decision)

Legal Issues

  1. 1 Whether the Federal Court action is barred by cause of action estoppel
  2. 2 Whether the prior Ontario proceedings are final for res judicata purposes
  3. 3 Whether the parties in the proceedings are the same or in privity

Ratio Decidendi

All Grandview preconditions were satisfied: the Ontario judgments and appeal process (including dismissal of leave) were final; parties are the same; the Federal s.41.1 claim arises from the same source and subject-matter and was not a separate and distinct cause of action; and the s.41.1 claim could and should have been raised with reasonable diligence in the Ontario proceedings. Accordingly the Federal action is barred by cause of action estoppel and is an abuse of process and must be struck without leave to amend.

Court Disposition

Plaintiff's action struck for cause of action estoppel and abuse of process; struck without leave to amend; defendants awarded costs of $3,000.

Orders

  • The plaintiff's action is struck, without leave to amend.
  • The defendants are awarded their costs, fixed at $3,000.00 CAD.