McCutcheon v. Haufschild
T-2398-96
Hargrave P.
18/2/98
15 pp.
Action for copyright infringement-Plaintiff alleging defendant, Lutz Haufschild, copied two of her works, or parts of them, in producing number of successful collages-Wishing to amend statement of claim, reply, to obtain additional documents and discovery answers from defendant-Defendant Haufschild wishing further examination for discovery of plaintiff in order to deal with new allegations in statement of claim-Plaintiff's works at issue, Sand Scribble #108, Sand Scribble #109, fanciful abstract arrangements of crosses, hearts, stripes exhibited at Bau-Xi Gallery in Vancouver in 1985-Timely, proper amendment to be allowed if it assists in determining real issues, substance of dispute, on merits, between parties, so long as result not injustice incapable of being compensated in costs-Infringement amendments referring to reproduction of "all or substantial part" of two Sand Scribble works-Plaintiff must generally describe with particularity claim allegedly violated by defendant-Plaintiff's amendments allowed, but on terms designed to make allowances to defendant for some of prejudice suffered by tardy amendments which, in final analysis, will likely delay proceedings and increase cost-Not productive if plaintiff now files amended reply-Copies of Haufschild's income tax returns from 1985 to 1997 need not be produced-Mere suspicion, on part of plaintiff, that there may be further works insufficient grounds upon which to require further list of works and installations-Interests of justice require that new pleas and additional documents be fully explored in order to narrow issues, discover relevance of documents which counsel for plaintiff acknowledged might only be tangentially relevant and to save time at trial-Statement of claim to be amended as sought.