Boutin v. Distributions C.L.B. Inc.
Court headnote
Boutin v. Distributions C.L.B. Inc. Collection Supreme Court Judgments Date 1994-05-04 Report [1994] 2 SCR 7 Case number 23095 Judges Lamer, Antonio; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; Iacobucci, Frank On appeal from Quebec Subjects Intellectual property Notes SCC Case Information: 23095 Decision Content 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, [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. English version of the judgment of the Court delivered orally by Iacobucci J. ‑‑ We are all of the view that this appeal …
Full judgment (source text)
Mirrored from decisions.scc-csc.ca — the linked original is authoritative.
Boutin v. Distributions C.L.B. Inc. Collection Supreme Court Judgments Date 1994-05-04 Report [1994] 2 SCR 7 Case number 23095 Judges Lamer, Antonio; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; Iacobucci, Frank On appeal from Quebec Subjects Intellectual property Notes SCC Case Information: 23095 Decision Content 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, [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. 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.
Source: decisions.scc-csc.ca
Quebec (Attorney General) v A
[2013] 1 SCR 61