Federal Appeal

Civil Procedure

Record on motion did not provide basis for resolving ambiguity

This was appeal of dismissal of actions. Appellant brought actions against respondents for copyright infringement. Respondents brought motion for summary judgment dismissing both actions. At issue was whether appellant had standing to sue respondents under Copyright Act (Can.), for certain acts they undertook between June 2001 and March 2007, in respect of CHS works. Judge granted motion and dismissed actions. Appeal allowed. Appellant was entitled to sue in its own name for breach of copyright in CHS works if it had right, title or interest in Crown’s copyright by virtue of licence. There was ambiguity in licence. It was unclear whether appellant was licensed only to use CHS data to make its digital products or whether it was licensed to make digital copies of CHS works. Record on motion did not provide basis for resolving ambiguity. Respondents had not met burden of proving that there was no genuine issue for trial. Motion for summary judgment should have been dismissed.

Nautical Data International Inc. v. C-Map USA Inc. (Mar. 1, 2013, F.C.A., M. Nadon J.A., K. Sharlow J.A., and Eleanor R. Dawson J.A., File No. A-115-12, A-116-12) 226 A.C.W.S. (3d) 1140.

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