Decision

Pourshian v. Walt Disney Company, 2021 ONSC 4840

2021-07-12

Read full decision. Summary prepared by Alan Macek:

The plaintiff, Damian Pourshian, brings an action against the defendants for copyright infringement. Mr. Pourshian claims that the 2015 film “Inside Out” produced and distributed by the defendants was based on a film also titled “Inside Out” he made around 2000 while a student at Sheridan College. The defendants brought a motion before Master Graham [see 2019 ONSC 5916] to stay the action on the basis that Ontario does not have jurisdiction over the claim against them ... While the Master stayed the action against six defendants, I find that only the claim against the Walt Disney Company and American Broadcasting Company Inc. should be stayed. The action should be allowed to proceed in Ontario against all other defendants. ... Based on SOCAN and analogous analysis in the context of tort claims, if the communication or product originated in another jurisdiction but is ultimately made available in Ontario, Ontario is one of the places where copyright infringement occurred as it is one of the jurisdictions substantially affected by the copyright infringement.

 

Canadian Intellectual Property