Kane v. Hooper
T-332-95
Hargrave P.
15/5/96
6 pp.
Motion to strike statement of claim-Plaintiffs and defendants members of Grapes of Wrath musical group-Group broke up several years ago but plaintiff claiming authorship or co-authorship in several musical works, infringement of copyright and unjust enrichment by defendants-Defendants claiming matter primarily concerned with contractual and partnership rights and therefore outside jurisdiction of Federal Court-For Federal Court to have jurisdiction, must be statutory grant of jurisdiction, must be existing body of federal law essential to disposition of case and law on which case based must be "law of Canada" -Motion dismissed-Plaintiff not claiming defendants not paying him for services as composer but claiming authorship and ownership of musical works-Defence of provincial statutory law not ousting jurisdiction of Federal Court-Federal Court Act, R.S.C., 1985, c. F-7, s. 20 (as am. by S.C. 1990, c. 37, s. 34).