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Ontario court assumes jurisdiction over most foreign defendants in film copyright infringement claim.
The plaintiff brought an action for copyright infringement against several foreign corporate entities, alleging their animated film infringed his copyright in a short film of the same name.
The Master stayed the action against six defendants for lack of jurisdiction but allowed it to proceed against three others.
On appeal, the Divisional Court found the Master erred by failing to consider the evidence and misapplying the test for carrying on business.
Applying the real and substantial connection test, the Court held that Ontario has jurisdiction over all defendants except two, as there was a good arguable case that the other defendants committed copyright infringement in Ontario or the claim was in respect of property in Ontario.
Application to intervene in arbitrator appointment dismissed as applicant failed to follow agreed procedure.
The applicant applied for an order to resolve an insurance policy dispute by arbitration at JAMS offices in Toronto.
The respondent argued that the arbitration should be conducted under the English Arbitration Act and that the applicant had not properly commenced the arbitration.
The court found that its jurisdiction to intervene only arises if there is a failure of the parties to agree on the appointment procedure.
Since the applicant had not followed the agreed procedure by making a proper written request and appointing its arbitrator, the court declined to intervene and dismissed the application.
