PRACTICE
Summary Judgment
Appeal from dismissal of summary judgment motion (2005 FC 338) brought in course of action for damages pursuant to Radiocommunication Act, s. 18 and Copyright Act— Evidence in support of motion insufficient to satisfy requirements of Radiocommunication Act, s. 18—Motions Judge properly considered, weighed all factors in relation to claim—Court not persuaded no genuine issue for trial exists with respect to copyright infringement—Columbia Pictures Industries, Inc. v. Frankl, 2004 FC 1454, criticized —Appeal dismissed— Radiocommunication Act, R.S.C., 1985, c. R‑2, ss. 1 (as am. by S.C. 1989, c. 17, s. 2), 18 (as am. by S.C. 1991, c. 11, s. 85)—Copyright Act, R.S.C., 1985, c. C‑42.
Columbia Pictures Industries, Inc. v. Gaudreault (A‑117‑05, 2006 FCA 29, Pelletier J.A., judgment dated 25/1/06, 18 pp.)