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The Federal Court dismissed Marie Pia Fazio’s appeal from an Associate Judge’s Rule 74 order removing her claim from the court file for lack of jurisdiction and no viable cause of action.
The appeal is allowed because the Federal Court erred in issuing the two declarations: neither declaration had practical utility or settled a live controversy between the parties after Blacklock’s Reporter discontinued its infringement action; accordingly the Federal Court’s judgment issuing the declarations is set aside and the Attorney General’s motion for summary judgment as to those declarations is dismissed.
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The Federal Court had jurisdiction to decide ownership of the unregistered WANAKOME trademark and properly applied the legal tests; its factual findings on unfair competition and on the validity of the copyright registration were not palpably and overridingly erroneous, therefore the appellate court will not intervene and the appeal is dismissed.
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Appeal dismissed: the court upheld joinder of three band members as plaintiffs and preserved any limitation defences only up to the original filing date.
The appeal is allowed in part: the court held that while a copyright misuse defence can, in principle, be pleaded to a s.41.26 action, Bell's pleading lacked sufficient material facts to sustain the defence but it was not plain and obvious that the defects were incurable; therefore the Federal Court's denial of leave to amend was set aside and Bell was granted leave to amend the ASODCC; all other strike rulings concerning secondary allegations, claims against AB, abuse of process, unlawful means conspiracy, and declarations were upheld for lack of material facts.
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The Federal Court of Appeal allowed the appeal, holding the certification judge erred in concluding that a cooperative query method would necessarily convert the proposed proceeding into an opt-in scheme and failed to fully consider whether the evidence established some basis in fact of a workable method to identify Class Members before the end of the opt-out period; the FC Order was set aside and the certification motion remitted to the Federal Court for further consideration.
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The Court dismissed all three appeals. It held that neither the Associate Judge nor the Federal Court committed an error of law or a palpable and overriding error of fact or mixed fact and law in refusing the follow-up discovery, striking the majority of written questions, or ordering security for costs. The Federal Court properly applied the applicable Rules (97(b), 99(2), 242, 416(1), 417, 400) and jurisprudential standards on discretion, costs and bias; appellant failed to demonstrate bias or to show that costs/security orders were an error in principle or plainly wrong.
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The Federal Court struck Donn MacDougall’s claim, holding it failed to plead a reasonable cause of action in copyright or under the Charter.
The Federal Court found Gam Hoang in contempt for breaching a default judgment by continuing infringing activity and failing to provide required disclosure.
Federal Court contempt judgment arising from alleged copyright-infringing streaming services. The Court found the charged defendants knowingly breached an Anton Piller/interim order.
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