Alex Wilson Coldstream Ltd. v. Lapaco Paper Products Ltd.
T-174-94
Teitelbaum J.
3/3/94
11 pp.
Plaintiff alleging copyright in certain artistic works infringed by defendant's reproduction of said artistic works in material form on restaurant placemats -- Plaintiff filed notice of motion for interlocutory injunction supported by affidavit -- Defendant alleging affidavit not giving source of information, containing hearsay evidence, double hearsay evidence on which unable to cross-examine witness -- Under Federal Court R. 332(1), statements as to affiant's belief with grounds thereof may be admitted as evidence in affidavit filed with application for interlocutory injunction -- Affidavit based on information and belief admissible on interlocutory motion if deponent indicating grounds of belief: Lumonics Research Limited v. Gould, [1983] 2 F.C. 360 (C.A.) -- As paragraph 6 of affidavit containing "first hand knowledge" no need to state source -- Paragraph 8 valid according to R. 332(1), should be amended to state whether letter in fact sent to defendant not sufficiently explicit -- Two conditions to admissibility of affidavit evidence of belief: (1) evidence be filed on interlocutory motion; (2) deponent indicating in affidavit grounds of belief -- As not giving source for belief paragraph 10 struck -- Federal Court Rules, C.R.C., c. 663, R. 332(1).