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The Federal Court granted default judgment in part, finding Matsumoto owned copyright in two photographs reproduced without authorization and awarding damages, punitive damages, costs, and a permanent injunction.
The Federal Court dismissed Rio Tinto’s motion to examine a French engineer in a copyright action, holding that Canadian law determined first ownership and Rule 238 was not met.
The Federal Court dismissed an interim injunction motion in a copyright dispute over luminous seesaws, finding no clear irreparable harm and a balance of convenience favoring the defendants.
Motion for interlocutory injunction dismissed in a dispute over use of the name “People’s Party of Canada”; the Court found no strong prima facie case, irreparable harm, or balance of convenience in the plaintiffs' favour.
The court dismissed a summary judgment application in a copyright dispute over a maple leaf image, finding unresolved factual and credibility issues.
Recasting the class definition and common issues on appeal was permissible where it did not prejudice the defendant; the Divisional Court correctly certified the action because the revised common issues present legal questions of general application that would significantly advance the litigation and the representative plaintiff is adequate despite idiosyncratic circumstances; proof that class members are 'desirous' of litigation is not required and the litigation plan was adequate at this stage.
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The Federal Court dismissed GSI’s motion for an interlocutory injunction over a Board call-for-bids figure, finding no infringement shown and no irreparable harm.
Federal Court judgment dismissing Richards’ counterclaim over patent, trade-mark, copyright and misrepresentation claims involving weekly pill dispenser products.
The Federal Court dismissed Yehuda Pinto’s copyright claim, finding he had granted an implied licence to use his music for the TaL AM curriculum.
Motion granted in a copyright infringement action: leave to amend pleadings, production of client-related documents under a protective order, and continuation of discovery were ordered.
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