Wiseau Studio, LLC v. Harper, 2021 ONCA 31


Read full decision. Summary prepared by Alan Macek:

This is a motion by the moving parties, together “Room Full of Spoons”, for security for the trial judgment, costs of the judgment and appeal and in the alternative, an order to lift the stay pending appeal. ... Following an eight-day trial in January 2020, Wiseau Films’ claim was dismissed and judgment granted in favour of Room Full of Spoons on the counterclaim. The judgment was thorough and comprehensive. [see 2020 ONSC 2504] Room Full of Spoons was awarded $200,000 in punitive damages (in large part for litigation misconduct), $550,000 USD in damages arising from the improper ex parte injunction, $25,488.36 USD in pre-judgment interest, and $481,521.80 CDN in costs. ... Wiseau Films has now brought a Notice of Appeal of the trial judgment. Wiseau Films’ counsel does not dispute that the Amended Amended Notice of Appeal, which grounds provide only that the court below erred in dismissing his various claims, is frivolous on its face. ... I am therefore satisfied that although [security for trial judgment] is a remedy that should be invoked sparingly, the interests of justice weigh in favour of granting the order for security for judgment. ... Accordingly, the appellants are ordered to post security for the trial judgment within 90 days of this order, with liberty to apply for further directions on the form of the security, if necessary. If the appellants fail to comply with this order, Room Full of Spoons are granted leave to apply for an order dismissing the appeal as abandoned.


Canadian Intellectual Property