Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41573
Wiseau Studio, LLC v. Richard Harper, Fernando Forero McGrath, Martin Racicot d.b.a. Rockhaven Pictures, Room Full of Spoons Inc., Parktown Studios Inc., Richard Stewart Towns
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-05-02 | Close file on Leave | |
| 2025-05-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-01 | Judgment on leave sent to the parties | |
| 2025-05-01 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-88-23, 2024 FCA 157, dated October 1, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-03-28 | Lower court order - e-filing, (Letter Form), CA Order | Wiseau Studio, LLC |
| 2025-03-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-01-09 | Notice of name, (Letter Form), (Printed version filed on 2025-01-09) | Richard Harper, Fernando Forero McGrath, Martin Racicot d.b.a. Rockhaven Pictures, Room Full of Spoons Inc., Parktown Studios Inc., Richard Stewart Towns |
| 2025-01-09 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-01-09) | Richard Harper, Fernando Forero McGrath, Martin Racicot d.b.a. Rockhaven Pictures, Room Full of Spoons Inc., Parktown Studios Inc., Richard Stewart Towns |
| 2025-01-09 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2025-01-09, (Printed version filed on 2025-01-09) | Richard Harper, Fernando Forero McGrath, Martin Racicot d.b.a. Rockhaven Pictures, Room Full of Spoons Inc., Parktown Studios Inc., Richard Stewart Towns |
| 2024-12-24 | Correspondence received from, (Letter Form), CA Order Form, (Printed version due on 2025-01-03) | Wiseau Studio, LLC |
| 2024-12-24 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2025-01-03) | Wiseau Studio, LLC |
| 2024-12-03 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED | |
| 2024-11-29 |
Application for leave to appeal, (Book Form), Missing: - Form 23A (Rec'd 2024-12-24) - Proof of service - FCA judgment, Completed on: 2025-03-18, (Printed version due on 2024-12-06) |
Wiseau Studio, LLC |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Wiseau Studio, LLC | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Richard Harper, Fernando Forero McGrath, Martin Racicot d.b.a. Rockhaven Pictures, Room Full of Spoons Inc., Parktown Studios Inc., Richard Stewart Towns | Respondent | Active |
Counsel
Party: Wiseau Studio, LLC
Counsel
1155 North Service Road West, Unit 11
Oakville, Ontario
L6M 3E3
Telephone: (905) 399-7992
FAX: (905) 827-1038
Email: dbrinza@canadianiplaw.com
Party: Richard Harper, Fernando Forero McGrath, Martin Racicot d.b.a. Rockhaven Pictures, Room Full of Spoons Inc., Parktown Studios Inc., Richard Stewart Towns
Counsel
77 King street West, Suite 400
Toronto, Ontario
M5K 0A1
Telephone: (416) 863-4395
Email: meredith.bacal@dentons.com
Summary
Keywords
Intellectual property — Copyright — Civil procedure — Estoppel — Applicant’s action for copyright infringement in Ontario courts dismissed — Applicant’s subsequent Federal Court action struck out based on cause of action estoppel — Applicant’s appeals dismissed — Whether Federal Court of Appeal erred when it allowed judgments below to stand — Whether courts below erred in applying one element of test for cause of action estoppel, namely, whether cause of action in prior action is separate and distinct from current cause of action — Copyright Act, R.S.C. 1985, c. C-42, s. 41.1.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant sued the respondents for copyright infringement in Federal Court, concerning the respondents’ documentary about (and including footage from) the applicant’s narrative works.
The case management judge struck the applicant’s claim, without leave to amend, based on a finding of “cause of action estoppel”, in light of the applicant’s earlier copyright infringement action in the Ontario courts concerning the same works. A single judge at the Federal Court of Appeal dismissed the applicant’s appeal, and a three-member panel of the Court of Appeal dismissed a further appeal.
Lower court rulings
Order striking out applicant’s claim for copyright infringement
Applicant’s appeal — dismissed
Applicant’s further appeal — dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available