Decision

1422986 Ontario Limited v. 1833326 Ontario Limited, 2020 ONSC 1041

2020-02-14

Read full decision. Summary prepared by Alan Macek:

This case is about the copyright of architectural designs and drawings. ... The Plaintiff claims that Syncor and Gammond copied its design that he had originally done for Syncor’s Thunder Bay project; that the design is substantially the same with only minor modifications. ... The Defendants argue that the Gammond design and drawings were sufficiently different from those of the Plaintiff to warrant a finding that there was no infringement. Furthermore, to the extent that the designs are similar, it is simply because the Plaintiff’s design contains elements common to the design of townhomes. For the reasons set out below, I agree with the position of the Plaintiff. ... I did not require expert evidence to assist me in arriving at the conclusion that both graphics are strikingly similar depictions of the same design, with only minor and insignificant differences. One only needs to see the graphics to be struck by the substantial similarities. In fact, but for the Nelson Street graphic being depicted in colour, the two illustrations are virtually indistinguishable from each other.

 

Canadian Intellectual Property