Cinar Corp V Robinson
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Cinar Corp V Robinson
''Cinar Corp v Robinson'' is a leading case of the Supreme Court of Canada in the field of copyright law, which has impact in many key aspects of it, including: :* how to assess if a "substantial part" of a work has been reproduced, :* the assessment of damages for infringement including accounting of profits, non-pecuniary damages and punitive damages, :* the use of experts in a copyright case, and :* the vicarious liability of directors for infringement. Background In 1982, Claude Robinson, an artist, drew the first sketches of the characters for a proposed children's television series to be called ''The Adventures of Robinson Curiosity'' (french: Les aventures de Robinson Curiosité), based in part on the novel '' Robinson Crusoe'', but also on his own life experiences. In 1985, a certificate of registration was issued under the '' Copyright Act'' for ''Robinson Curiosity'', listing Robinson as author and Les Productions Nilem inc., a corporation of which he was the sole ...
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Beverley McLachlin
Beverley Marian McLachlin (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the position. In July 2018, McLachlin began a three-year term as a non-permanent judge on the Hong Kong Court of Final Appeal, the first Canadian jurist nominated to the post. She was re-appointed for a second three-year term in 2021. Early life and education McLachlin was born Beverley Gietz in Pincher Creek, Alberta, the eldest child of Eleanora Marian (née Kruschell) and Ernest Gietz. Her parents, who were of German descent, were " fundamentalist Christians" of the Pentecostal Church. She received a B.A. and an M.A. in philosophy as well as an LL.B. degree (winning the gold medal as top student, and serving as notes editor of the '' Alberta Law Review'') from the University of Alberta. She was called to the bar of Alberta in 1969, a ...
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Robinson Crusoe
''Robinson Crusoe'' () is a novel by Daniel Defoe, first published on 25 April 1719. The first edition credited the work's protagonist Robinson Crusoe as its author, leading many readers to believe he was a real person and the book a travelogue of true incidents. Epistolary, confessional, and didactic in form, the book is presented as an autobiography of the title character (whose birth name is Robinson Kreutznaer) – a castaway who spends 28 years on a remote tropical desert island near the coasts of Venezuela and Trinidad, roughly resembling Tobago, encountering cannibals, captives, and mutineers before being rescued. The story has been thought to be based on the life of Alexander Selkirk, a Scottish castaway who lived for four years on a Pacific island called "Más a Tierra" (now part of Chile) which was renamed Robinson Crusoe Island in 1966. Despite its simple narrative style, ''Robinson Crusoe'' was well received in the literary world and is often credite ...
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Compensatory Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ...
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Joint And Several Liability
Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be: * jointly liable, or * severally liable, or * jointly and severally liable. Joint liability If parties have joint liability, then they are each liable up to the full amount of the relevant obligation. So if a married couple takes a loan from a bank, the loan agreement will normally provide that they are to be "jointly liable" for the full amount. If one party dies, disappears, or is declared bankrupt, the other individual remains fully liable. Accordingly, the bank may sue all living co-promisors for the full amount. However, in suing, the creditor has only one cause of action; i.e., the creditor can sue for each debt only once. If, for example, there are three partners, and the creditor sues all of them for the outstanding loan amount and one of them pays the liability, the creditor cannot recover further amounts from the partners who did not contribute to ...
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Superior Court Of Quebec
The Superior Court of Quebec (french: Cour supérieure du Québec) is a superior trial court in the Province of Quebec, in Canada. It consists of 157 judges who are appointed by the federal government. Appeals from this court are taken to the Quebec Court of Appeal. Jurisdiction The Superior Court of Quebec is the court of original general jurisdiction, which hears all cases not expressly assigned to another court or administrative body. It possesses both criminal and civil jurisdiction. It also hears certain appeals in criminal and penal matters. Moreover, it also possesses exclusive jurisdiction to hear and determine class actions and applications for injunctive relief. Furthermore, the Superior Court is vested exclusive jurisdiction of judicial review over all lower courts in Quebec, over legal persons established in the public interest or for a private interest, and over partnerships and associations and other groups not endowed with juridical personality. All criminal m ...
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Copyright Infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet ...
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Ripoff
A ripoff (or rip-off) is an unfavorable financial transaction. Usually it refers to an incident in which a person is overcharged for something, or receives goods or services not of the standard expected for the price. A ripoff is usually distinguished from a scam in that a scam involves wrongdoing such as a fraud; a ripoff may be considered excessive, but not illegal. See also *Rip-off Britain *Spin-off * Knock-off *Plagiarism *Mockbuster A mockbuster (also known as knockbuster or a drafting opportunity) is a film created to exploit the publicity of another major motion picture with a similar title or subject. Mockbusters are often made with a low budget and quick production to ma ... References {{Reflist Pricing controversies ...
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The Globe And Mail
''The Globe and Mail'' is a Canadian newspaper printed in five cities in western and central Canada. With a weekly readership of approximately 2 million in 2015, it is Canada's most widely read newspaper on weekdays and Saturdays, although it falls slightly behind the ''Toronto Star'' in overall weekly circulation because the ''Star'' publishes a Sunday edition, whereas the ''Globe'' does not. ''The Globe and Mail'' is regarded by some as Canada's "newspaper of record". ''The Globe and Mail''s predecessors, '' The Globe'' and ''The Mail and Empire'' were both established in the 19th century. The former was established in 1844, while the latter was established in 1895 through a merger of '' The Toronto Mail'' and the ''Toronto Empire''. In 1936, ''The Globe'' and ''The Mail and Empire'' merged to form ''The Globe and Mail''. The newspaper was acquired by FP Publications in 1965, who later sold the paper to the Thomson Corporation in 1980. In 2001, the paper merged with broadc ...
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Quebec
Quebec ( ; )According to the Government of Canada, Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirteen provinces and territories of Canada. It is the List of Canadian provinces and territories by area, largest province by area and the second-largest by Population of Canada by province and territory, population. Much of the population lives in urban areas along the St. Lawrence River, between the most populous city, Montreal, and the provincial capital, Quebec City. Quebec is the home of the Québécois people, Québécois nation. Located in Central Canada, the province shares land borders with Ontario to the west, Newfoundland and Labrador to the northeast, New Brunswick to the southeast, and a coastal border with Nunavut; in the south it borders Maine, New Hampshire, Vermont, and New York (state), New York in the United ...
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Le Canal Famille
Vrak (stylized as VRΔK) is a Canadian French language specialty channel owned by Bell Media. The channel primarily broadcasts live-action programming aimed at youth audiences. History Background The youth channel TVJQ () went on the air in 1982 and was distributed by a subsidiary of Vidéotron. It was originally available only in the Montreal and Quebec City areas. In 1986, the Canadian Radio-television and Telecommunications Commission (CRTC) granted a license to Vidéotron for its TVJQ channel to be carried over by other cable companies elsewhere. This made Vidéotron the first cable company in Canadian history to simultaneously be a producer of television content. However, TVJQ was intended to be temporary until a permanent channel for children would succeed it. Le Canal Famille Licensed by the CRTC in 1987, Le Canal Famille was launched on September 1, 1988 as a replacement to TVJQ. Le Canal Famille was created by Premier Choix TVEC which itself was already partial ...
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Ravensburger
Ravensburger AG is a German game and toy company, publishing house and market leader in the European jigsaw puzzle market. History The company was founded by Otto Robert Maier in Ravensburg, a town in Upper Swabia in southern Germany. He began publishing in 1883 with his first author contract. He started publishing instruction folders for craftsmen and architects, which soon acquired him a solid financial basis. His first board game appeared in 1884, named ''Journey Around the World''. At the turn of the 20th century, his product line broadened to include picture books, books, children’s activity books, art instruction manuals, non-fiction books, and reference books as well as children’s games, Happy Families, and activity kits. In 1900, the Ravensburger blue triangle trademark was registered with the Imperial patent office. As of 1912, many board and activity games had an export version that was distributed to Western Europe, the countries of the Danube Monarchy as we ...
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