Krouse V. Chrysler Canada Ltd.
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Krouse V. Chrysler Canada Ltd.
''Krouse v. Chrysler Canada Ltd.'' is generally thought to be the first case to clearly acknowledge the existence in Canada of a tort of appropriation of personality. Background Bob Krouse was a well-known professional Canadian football, football player with the Hamilton Tiger-cats who played as the number 14. Grant Advertising was an advertising firm whose clients included Chrysler Canada. In 1969, Grant had produced an advertising scheme for Chrysler which included a cardboard scorecard that was distributed to the public. The scorecard was known as the "Plymouth Pro Football Spotter" which allowed football fans to track scores. On the Spotter was an image of Krouse from behind with his number 14 clearly visible. Krouse sued Chrysler for use of his image without his consent. The judgment below The claim that was presented was considered to consist of five distinct elements: ::(i) invasion of privacy ''wikt:per se, per se''; ::(ii) appropriation of personality, appropriation o ...
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Ontario Court Of Appeal
The Court of Appeal for Ontario (frequently mistakenly referred to as the Ontario Court of Appeal) (ONCA is the abbreviation for its neutral citation) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto (also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice). Description The Court is composed of 22 judicial seats, in addition to 10 justices who currently sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in '' Halpern v Canada (AG)'' that found defining marriag ...
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Unjust Enrichment
Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been unjustly enriched at the expense of another is required to make restitution. This principle derives from late Roman law, as stated in the Latin maxim attributed to Sextus Pomponius, ''Jure naturae aequum est neminem cum alterius detrimentum et injuria fieri locupletiorem'' ("By natural law it is just that no one should be enriched by another's loss or injury"). In civil law systems, it is also referred to as enrichment without cause or unjustified enrichment. In pre-modern English common law, restitutionary claims were often brought in an action for '' assumpsit'' and later in a claim for money had and received. The seminal case giving ...
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Entertainment Case Law
Entertainment is a form of activity that holds the attention and interest of an audience or gives pleasure and delight. It can be an idea or a task, but it is more likely to be one of the activities or events that have developed over thousands of years specifically for the purpose of keeping an audience's attention. Although people's attention is held by different things because individuals have different preferences, most forms of entertainment are recognisable and familiar. Storytelling, music, drama, dance, and different kinds of performance exist in all cultures, were supported in royal courts, and developed into sophisticated forms over time, becoming available to all citizens. The process has been accelerated in modern times by an entertainment industry that records and sells entertainment products. Entertainment evolves and can be adapted to suit any scale, ranging from an individual who chooses private entertainment from a now enormous array of pre-recorded products, t ...
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