White Rose Nurseries Limited (Appellant)
v.
Ashton-Potter Limited (Respondent)
Court of Appeal, Jackett C.J., Thurlow J. and
Sweet D.J.—Toronto, September 28, 1972.
Copyright—Practice—Licence from foreign licensor to
reproduce photographs in Canada—Sufficiency of statement
of claim—Licensor's rights in photographs not alleged—
Licensee entitled to sue in own name—Copyright Act, R.S.C.
1970 c._C-30, secs. 20(3) and (5), 36(2).
Appeal from the judgment of Kerr J. ([1972] F.C. 689)
dismissing a motion by the defendant-appellant to strike out
the plaintiff's-respondent's statement of claim on the ground
that it failed to disclose a reasonable cause of action.
Held, the appeal is allowed.
APPEAL.
R. T. Hughes for appellant.
C. D. MacDonald for respondent.
The judgment of the Court was delivered by
JACKETT C.J.—The appeal is allowed and,
unless, within 30 days from this day, the
respondent amends his statement of claim so as
to plead the facts upon which the rights of the
licensors referred to in paragraph 4 of the state
ment of claim are based, the statement of claim
shall as of the expiration of that period, be
struck out and the action stand dismissed with
out further order.
The costs of the application in the Trial Divi
sion shall be costs in the cause and the appellant
is entitled to be paid its costs of this appeal by
the respondent.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.