Majority
English version of the judgment of the Court delivered orally by
Iacobucci J.
Iacobucci J. ‑‑ We are all of the view that this appeal should be allowed and the trial judgment restored, with costs throughout. The trial judge correctly stated the criteria for infringing and applied them appropriately to the facts he found, in support of which there was ample evidence. Although the Court of Appeal accepted these criteria and facts, it erroneously added thereto that the infringing must be a simple copy of the original.
Judgment accordingly.
Solicitors for the appellants: Alarie, Legault & Associés, Montréal.
Solicitors for the respondents: Gauthier, Crête & Associés, Québec.