FEDERAL COURT JURISDICTION |
Trial Division |
Sullivan Entertainment Inc. v. Anne of Green Gables Licensing Authority Inc.
T-1634-99
Giles A.S.P.
6/6/00
5 pp.
Motion to strike paragraphs of statement of claim arguing Court has no jurisdiction to entertain proceedings for relief sought--Paragraphs considered in two categories--First category relating to Trade-marks Act, s. 9--Second category dealing with alleged enforceable rights in respect of name, personality, character, image of fictional characters depicted in literary works--Trade-marks Act, s. 55 giving Court jurisdiction to enforce rights existing under s. 9--If Court can enforce rights, must also be able to refuse to enforce alleged rights which considers party does not have--Court having jurisdiction in matter of relief seeking to enforce s. 9, therefore may have jurisdiction to make declaratory judgment in that regard--Court not prepared to strike claim for declaration--In part of motion dealing with fictional characters, rights mentioned not limited to intellectual property, therefore could be rights in areas where Court has no jurisdiction--Court having no jurisdiction to make declarations concerning rights in matters not within jurisdiction--Paragraph dealing with devolution of rights created under Copyright Act within Court's jurisdiction--Other paragraphs struck out with leave to file amended claim within 30 days in which no relief claimed beyond jurisdiction of Court--Trade-marks Act, R.S.C., 1985, c. T-13, ss. 9 (as am. by S.C. 1990, c. 14, s. 8), 55--Copyright Act, R.S.C., 1985, c. C-42.