Peter E. J. Wells

The appellant, Egmont Books Limited, appealed an order allowing the trustee to sell certain books, arguing that it had copyright and trade-mark rights in the books that prevented their sale.

The Court of Appeal dismissed the appeal, finding that the Copyright Act had no application because there was no reproduction or publication of the books that would infringe copyright.

Consequently, there was no issue of constitutional paramountcy, the Personal Property Security Act applied, and the trustee was entitled to sell the books pursuant to the liquidation plan.

The appellant appealed a summary judgment dismissing its counterclaim and cross-claim in a patent dispute.

The Court of Appeal allowed the appeal, finding that the motions judge erred by assessing credibility, weighing evidence, and making findings of fact on disputed issues, which are functions reserved for the trier of fact.

The motions for summary judgment were dismissed and the matter was sent to trial.