T. Lowman

The defendants, all US-based corporations, brought a motion to stay the plaintiff's copyright infringement action for lack of jurisdiction.

The plaintiff alleged that the defendants' animated film 'INSIDE OUT' infringed his copyright in a short film of the same name.

The court applied the Van Breda test and found a real and substantial connection to Ontario for the defendants Pixar Animation Studios, Walt Disney Pictures Inc., and Disney Shopping Inc., as they carried on business and allegedly committed secondary copyright infringement in Ontario.

The motion to stay was dismissed for those three defendants but granted for the remaining defendants due to a lack of connection to Ontario.

The defendant, The Walt Disney Company, previously brought a motion to seal excerpted provisions of agreements it intended to rely on in a stay motion.

The plaintiff successfully opposed the motion and brought a cross-motion regarding redactions.

In this endorsement, the plaintiff sought substantial indemnity costs for the motion.

The court awarded the plaintiff partial indemnity costs, finding no improper conduct by the defendant to warrant a higher scale, but affirming the plaintiff's right to costs for successfully defending the open court principle and adding value to the hearing.