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The Federal Court dismissed Lickerish Ltd.’s copyright claim against airG Inc. because Lickerish failed to prove standing, with key evidence ruled inadmissible.
The court found a binding email-based agreement for the manhole-cover assets, denied the plaintiff’s royalty claim under s. 24 of the Engineers and Geoscientists Act, and dismissed the misrepresentation counterclaim.
The court held that the appellant was the author and owner of the copyright but that the assignment clause in the bids—though evidencing the parties' intent to assign ownership to Orio—could not be set up against the appellant because it was unsigned within the meaning of s.13(4) of the Copyright Act; however, on the facts and admissions the appellant granted an implied user licence whose scope included the right to copy the source code and have it reworked by a third party to permit continued development and marketing, and therefore the requested injunction/destruction was refused and the ap…
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The Court allowed the appeal, holding that the Licence as a whole is ambiguous on whether it granted NDI exclusive rights to reproduce the CHS Works; because the record on summary judgment did not resolve that ambiguity and there was insufficient evidence to conclude as a matter of law that NDI lacked an exclusive licence, the summary judgment dismissing NDI's claims should be set aside and the motion dismissed.
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The Federal Court held that Nautical Data International lacked standing to sue for copyright infringement because its agreement was not an exclusive licence.
The court held that E.B.F. Manufacturing had not committed a repudiatory or fundamental breach that would terminate the exclusive licence, that Eric White breached the exclusive licence by producing and marketing ElectroPlus in competition, and that plaintiffs proved lost profits from that breach; judgment awarded $352,000 in lost profits plus prejudgment interest and costs, less a $25,000 set-off for patent fees, and a permanent injunction and ancillary orders issued.
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The court held that YVR is not a public utility in its dealings with ground transportation providers and upheld the airport authority’s fee recovery.
La Cour suprême a accueilli l’appel et conclu qu’il n’y avait pas de contrefaçon secondaire sous le par. 27(2)e) de la Loi sur le droit d’auteur.
The Court held Euro Excellence committed secondary infringement under s.27(2) by importing and distributing confectionery in wrappers reproducing copyrighted artworks because KCI held exclusive registered Canadian licences that excluded even the foreign copyright owners; the injunction requiring Euro Excellence to render packaging non-infringing before sale was upheld; however the trial judge's quantification of profits/damages ($300,000 and interest) was set aside and remitted for redetermination due to inadequate evidentiary basis; the cross-appeal seeking express prohibition on possession/…
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Motion for default judgment dismissed without prejudice because the plaintiff failed to prove ownership, chain of title, or lawful distributor status.
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