Interface Flooring Systems ( Canada ) Inc. v. Milliken & Co.
A-590-93
Hugessen J.A.
7/9/94
3 pp.
Copyright Act, s. 5(1) providing copyright subsisting in Canada in original artistic work if author citizen or subject of foreign country adhering to Convention, and if work first published in that foreign country -- Motions Judge correctly holding English and French versions of s. 5(1) as it read when action instituted in December 1992 meaning different things -- Reference in French to "l'un de ces pays" meaning copyright protection granted if first publication taking place in any foreign country adhering to Convention even if author not citizen of that country -- Revised Statutes of Canada, 1985 eliminating any ambiguity in English text -- English version clearly requiring country of author's citizenship and foreign country in which work first published to be same -- Motions Judge correctly resolving conflict by reference to Convention appearing as Schedule to Act and which Parliament intending to implement -- Both versions of Convention clearly indicating only French text of Copyright Act accurately reflecting legislative intention -- Appeal dismissed -- Copyright Act, R.S.C., 1985, c. C-42, s. 5, Schedule -- Revised Statutes of Canada, 1985, R.S.C., 1985 (3rd Supp.), c. 40, s. 4.