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White Rose Nurseries Limited (Appellant)
v.
Ashton-Potter Limited (Respondent)
Court of Appeal, Jackett C.J., Thurlow J. and Sweet D.J.—Toronto, September 28, 1972.
Copyright—Practice—Licence from foreign licensor to reproduce photographs in Canada—Sufficiency of statement of claim—Licensor's rights in photographs not alleged— Licensee entitled to sue in own name—Copyright Act, R.S.C. 1970 c._C-30, secs. 20(3) and (5), 36(2).
Appeal from the judgment of Kerr J. ([1972] F.C. 689) dismissing a motion by the defendant-appellant to strike out the plaintiff's-respondent's statement of claim on the ground that it failed to disclose a reasonable cause of action.
Held, the appeal is allowed.
APPEAL.
R. T. Hughes for appellant.
C. D. MacDonald for respondent.
The judgment of the Court was delivered by
JACKETT C.J.—The appeal is allowed and, unless, within 30 days from this day, the respondent amends his statement of claim so as to plead the facts upon which the rights of the licensors referred to in paragraph 4 of the state ment of claim are based, the statement of claim shall as of the expiration of that period, be struck out and the action stand dismissed with out further order.
The costs of the application in the Trial Divi sion shall be costs in the cause and the appellant is entitled to be paid its costs of this appeal by the respondent.
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