Boutin v. Distributions C.L.B. Inc., [1994] 2 S.C.R. 7

Jacques Bilodeau and

Les Distributions C.L.B. Inc. Appellants

v.

Roland Boutin and Qualipro Inc. Respondents

Indexed as: Boutin v. Distributions C.L.B. Inc.

File No.: 23095.

1994: May 4.

Present: Lamer C.J. and La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, Cory and Iacobucci JJ.

on appeal from the court of appeal for quebec

Copyright ‑‑ Infringement ‑‑ "Scratch" cards ‑‑ Respondents ordered to pay damages for infringement -- Respondents' appeal allowed by Court of Appeal -- Criteria for infringing correctly stated and appropriately applied to facts by trial judge -- Court of Appeal erroneously adding that infringing must be simple copy of original -- Trial judgment restored.

APPEAL from a judgment of the Quebec Court of Appeal, 1992 CanLII 3081 (QC CA), [1993] R.L. 272, 56 Q.A.C. 206, 46 C.P.R. (3d) 395, reversing a judgment of the Court of Quebec, Civil Division. Appeal allowed.

Dominique Jobin, for the appellants.

Sylvie Poulin, for the respondents.

Judgment

English version of the judgment of the Court delivered orally by

Iacobucci J. ‑‑ We are all of the view that this appeal should be allowed and the trial judgment restored, with costs throughout. The trial judge correctly stated the criteria for infringing and applied them appropriately to the facts he found, in support of which there was ample evidence. Although the Court of Appeal accepted these criteria and facts, it erroneously added thereto that the infringing must be a simple copy of the original.

Judgment accordingly.

Solicitors for the appellants: Alarie, Legault & Associés, Montréal.

Solicitors for the respondents: Gauthier, Crête & Associés, Québec.