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ARTICLE · 26 JANUARY 2021

The Court Of Appeal For Ontario Orders Security For Judgment For The First Time

McCarthy Tétrault
McCarthy Tétrault
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On January 15, 2021, the Court of Appeal for Ontario released its reasons for decision in Wiseau Studio, LLC v. Harper, 2021 ONCA 31. This appears to be the first time that an Ontario

CanadaLitigation, Mediation & Arbitration
McCarthy Tetrault LLP
McCarthy Tetrault LLP
Adam Goldenberg
Adam Goldenberg
Kate Martini
Kate Martini
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On January 15, 2021, the Court of Appeal for Ontario released its reasons for decision in Wiseau Studio, LLC v. Harper, 2021 ONCA 31. This appears to be the first time that an Ontario court has ordered security for a trial judgment pending appeal.

The appeal centres on a dispute about a documentary, Room Full of Spoons, which examined the cult-like following of the 2003 cinematic masterpiece, The Room. In 2017, the man behind The Room, Tommy Wiseau, and his studio Wiseau Studio LLC (collectively, "Wiseau") brought an action against the documentarians ("Room Full of Spoons") claiming copyright infringement and misappropriation of personality.

In January 2020, after an eight-day trial, the court dismissed Wiseau's claim and granted judgment in favour of Room Full of Spoons on their counter-claim. The court awarded Room Full of Spoons damages totaling more than $750,000 (including punitive damages, mostly stemming from litigation misconduct) and more than $480,000

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