GE Renewable Energy Canada Inc v. Canmec Industrial Inc. et al., 2024 FC 322
Justice McHaffie - 2024-02-28
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The case involves a copyright infringement action where Rio Tinto Alcan Inc sought to examine an engineer, Mr. Cyril Chatron, for discovery regarding works allegedly infringed by Canmec Industrial Inc. Rio Tinto claimed that as Mr. Chatron, a French citizen employed in France, was the original owner of the copyright under French law, they had the right to examine him under Canadian law. The court, however, held that Canadian copyright law governs ownership in Canada regardless of foreign laws. It was determined that GE Hydro France, Mr. Chatron's employer, was the initial copyright owner. The court dismissed Rio Tinto's motion to examine Mr. Chatron, finding it unnecessary given GE Renewable Energy Canada Inc's cooperation in the discovery process. The court also awarded costs to GEREC, with no costs against Canmec Industrial Inc. The issues addressed were Rio Tinto's right to examine Mr. Chatron as an assignor and the application of Federal Courts Rules on discovery.
Decision relates to:
- T-1471-21 - GE RENEWABLE ENERGY CANADA INC v. CANMEC INDUSTRIAL INC.