King David Inc. v. Andrin Investment Ltd., 2015 ONSC 1935

The plaintiff sought partial summary judgment for an alleged breach of the Copyright Act. It related to the alleged use of copyrighted materials during the marketing phase of a residential construction project. The plaintiff argued that there was a legal requirement that a licence to use copyright material must be made in writing. However, the Court found that the statutory writing requirement only applies to conveyances of an interest in the copyright itself, and not merely to consent to the use of copyrighted material. As a result, the partial summary judgment motion was dismissed and $29,719 in substantial indemnity costs was awarded against the plaintiff.