Court Awards Summary Judgment in Copyright Infringement Action
Koslowski v. Hogan Scott Courrier (Geeks Galore Computer Center), 2009 FC 883 (Kelen, J)

September 9, 2009

Tony Bortolin for the Applicant, Richard Koslowski
N/A for the Defendant, Hogan Scott Courrier

Koslowski commenced an action for copyright infringement and trade-mark passing off against Courrier. Koslowski sought a declaration of copyright infringement, a permanent injunction, delivery up or destruction of all infringing articles and damages. Courrier denied any wrongdoing in his defence. Koslowski now brought a motion for summary judgment for copyright infringement only, because the two parties compete in different market sectors. Courrier did not appear for the motion.  The motion was allowed.

The Plaintiff established, based on the evidence, that the Defendant had no genuine issue for trial.  The only evidence before the Court was the Plaintiff’s moving motion record, which demonstrated that every element of copyright infringement would be met. The Court recognized, based on the Plaintiff’s affidavit, the presumption of copyright ownership pursuant to Section 34.1(2) of the Copyright Act, and that the Defendant had reproduced the Plaintiff’s copyrighted images. The Defendant had failed to serve and file a responding motion.  

By: Sean Van Helden, Borden Ladner Gervais LLP