Plaintiff
Defendant
- Parties: The plaintiff was Wiseau Studio, LLC. The defendants were Richard Harper, Fernando Forero Mcgrath, Martin Racicot d.b.a. Rockhaven Pictures, Room Full of Spoons Inc., Parktown Studios Inc., and Richard Stewart Towns.
- Subject Matter: Associate Judge Horne issued an order striking out the plaintiff’s claim against the defendants on the basis that res judicata barred it under the “cause of action estoppel” doctrine, given that the case met the doctrinal elements of cause of action estoppel.
- Ruling: The court ruled in the defendants’ favour and dismissed the plaintiff’s appeal. The court agreed with the judge’s finding that the current action involved the same parties, the same wrongdoing, and the same harm to the plaintiff. The court held that the plaintiff’s claim underlying both actions was based on “substantially the same facts”. The court found no error in the judge’s conclusion that the doctrine of cause of action estoppel applied to bar the plaintiff’s action.
- Date: The hearing was set on Feb. 21, 2023. The court released its decision on Mar. 16, 2023.
- Venue: This was a federal case before the Federal Court.
- Amount: The court awarded the defendants all-inclusive lump sum costs in the amount of $1,500 upon considering the appeal’s nature and complexity, the fact that it proceeded without undue delay or needless procedural wrangling, and the other factors in r. 400 of the Federal Courts Rules, SOR/98-106 to guide the exercise of the judge’s discretion.
Court
Federal CourtCase Number
T-1057-21Practice Area
Intellectual propertyAmount
$ 1,500Winner
DefendantTrial Start Date
06 July 2021Download documents