Wiseau Studio, LLC v. Harper, 2023 FC 354

Justice Pentney - 2023-03-16

Read full decision. Automatically generated summary:

The Plaintiff appeals the Order of Associate Judge Horne [see 2022 FC 568], which struck out its claim against the Defendants on the basis that it was barred as res judicata; specifically, under the “cause of action estoppel” doctrine. ... The action in this Court alleged that the Defendants had breached section 41.1 of the Act by circumventing the technological protection measures (sometimes referred to as “digital locks”) that were installed on the Blu-ray discs containing the Plaintiff’s film. The core of the current claim is that the Defendants obtained the footage from “The Room” used in their documentary by circumventing the protection measures and downloading it from one of the Blu-ray discs. ... I agree with Associate Judge Horne’s finding that the current action involves the same parties, the same wrongdoing, and the same harm to the Plaintiff. ... The Plaintiff’s claim underlying both actions is based on “substantially the same facts” and I am unable to find any error in Associate Judge Horne’s conclusion that the doctrine of cause of action estoppel applies to bar the Plaintiff’s action before this Court. For these reasons, the Plaintiff’s appeal is dismissed.

Decision relates to:

  • T-1057-21 - Wiseau Studio, LLC v. Richard Harper et Al.
  • A-88-23 - which is an appeal from this decision


Canadian Intellectual Property