Decision

Wiseau Studio, LLC v. Harper, 2022 FC 568

Proth. Horne - 2022-04-20

Read full decision. Automatically generated summary:

The defendants have brought a motion to dismiss or permanently stay these proceedings on the grounds of cause of action estoppel and abuse of process. For the reasons that follow, the motion is granted. ... In its written submissions, the plaintiff states that it is “honestly seeking its day in court”. This submission rings hollow. The plaintiff had an 8-day trial, followed by numerous days of motions and appeals. It started a second Ontario proceeding that was determined to be “quite clearly an abuse of process”. The plaintiff should not be able to further vex the defendants with claims that could have been raised years ago. The plaintiff should not be able to advance a third proceeding seeking (among other things) the same declaratory relief (delivery up of copies of Room Full of Spoons) that was dismissed after a full trial before Justice Schabas, and collaterally challenged in the second Ontario claim. To permit this action to proceed would be an abuse, not only for the defendants, but also for the Court.

Decision relates to:

  • T-1057-21 - Wiseau Studio, LLC v. Richard Harper et Al.

 

Canadian Intellectual Property