Wiseau Studio LLC v. Harper, 2024 FCA 157
Justice Webb; Justice Monaghan - 2024-10-01
Read full decision. Automatically generated summary:
The appellant appeals the judgment of the Federal Court (2023 FC 354), which dismissed its appeal of an order of Associate Judge (2022 FC 568). The Associate Judge granted the respondents’ motion to dismiss. He struck out the entirety of the appellant’s claim for copyright infringement on the ground of cause of action estoppel. ... In reviewing in accordance with this standard, the Federal Court Judge considered all relevant circumstances of this case and made no error. Finally, even if we were to accept that section 41.1 is a relatively new provision of the Copyright Act, this newness, in itself, would not warrant adjudication in the absence of a justiciable claim. Accordingly, we will dismiss the appeal with costs fixed in the amount of $2,500.00.
Decision relates to:
- A-88-23 - WISEAU STUDIO, LLC v RICHARD HARPER et al which is an appeal from 2023 FC 354 in T-1057-21