Marzia Frascadore

The appellant appealed a decision finding that funds held in a self-directed registered retirement savings plan were not exempt from seizure.

The appellant argued the plan constituted an annuity or a trust under the Civil Code of Québec.

The Supreme Court of Canada dismissed the appeal, holding that the plan did not qualify as an annuity because there was no alienation of capital, nor did it qualify as a trust because the owner-annuitant retained control over the assets and the trustee did not have exclusive administration.

Consequently, the funds were not exempt from seizure.

The respondent artist authorized the reproduction of his paintings on paper posters.

The appellant art galleries purchased these posters and used a chemical process to transfer the ink from the paper onto canvas, which they then sold.

The artist obtained a seizure before judgment of the canvas-backed reproductions, claiming copyright infringement.

The Supreme Court of Canada held that the transfer process did not constitute a 'reproduction' under section 3(1) of the Copyright Act, as no new copies were created.

The Court distinguished between economic rights and moral rights, finding that the artist was improperly asserting a moral right in the guise of an economic right to justify the seizure.