Sometimes I wish judges wouldn't try so hard.
The friendly face of Caillou, with his round cheeks and expression of wide-eyed surprise, has delighted countless young children and won over their parents and grandparents. Today, this charming little character, a creation that sprang from the imagination and from the art of form and colour, is moving out of the world where he welcomes his new baby sister, or gets ready for kindergarten.
Unintentionally, no doubt, he is now making a contribution to the development of commercial arbitration law in the field of intellectual property. What has happened is that the people who consider themselves to be his mothers are engaged in battle for him. The respondent claims exclusive maternity. The appellants believe it was a joint effort. The manner in which their dispute is to be resolved has itself become the subject of a major disagreement, and this is what is now before this Court.
Desputeaux v. Editions Chouette (1987) Inc., Supreme Court of Canada
15 hours ago
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