Is a plaintiff required to produce a list of phrases, passages or situations that she claims were pirated or copied in the motion picture version?

Ontario, Canada


The following excerpt is from Bean v. Noble, 1993 CanLII 5584 (ON SC):

The defendant takes the position that the plaintiff should be required to do the following, as set out in Cameron v. Cine St-Henri Inc. (1983), 2 C.P.R. (3d) 491 at p. 500, [1984] 1 C.F. 421: It appears to me that, in a case such as the present, plaintiff should be required to give particulars of a number of phrases, passages or situations which she claims are originally created by her and which defendant has allegedly pirated or copied in the motion picture version. Such particulars should be sufficiently extensive as to establish a prima facie cause of action, but may be accompanied by the phrase “without limiting the generality of the foregoing” or restricting plaintiff at trial from introducing other examples.

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