Matters
Selected matters described from the public record. Client matters that are confidential, settled or unreported are described in general terms only.
Wiseau Studio, LLC v. Harper
Counsel for the defendants, the makers of the documentary Room Full of Spoons (while at the world’s largest law firm).
The dispute
The filmmaker behind The Room sued the makers of Room Full of Spoons, a documentary about his film, alleging copyright infringement and other claims, and obtained an injunction that halted the documentary’s release.
What the court decided
- 01The documentary’s use of clips from The Room was fair dealing for the purposes of criticism, review and news reporting.
- 02The court treated fair dealing as a user’s right to be interpreted generously, applying the Supreme Court of Canada’s framework in CCH.
- 03The earlier injunction was dissolved, and the defendants succeeded on their counterclaim for the harm it caused.
Why it matters
A frequently cited Canadian decision on fair dealing in documentary filmmaking. The Court of Appeal for Ontario subsequently addressed security for costs in 2021 ONCA 504, and the Supreme Court of Canada dismissed the application for leave to appeal.
Read the decision on CanLIIRepresentative work
Described generally to protect client confidentiality.
- Ontario Superior Court of Justice Confidential
Injunctions to protect confidential business information
Has obtained injunctive relief for clients whose confidential business information was misappropriated, including urgent motions brought on short notice.
- Canadian courts Confidential
Trademark and copyright disputes for media and consumer brands
Has acted in trademark, passing-off and copyright disputes for clients across film and television, media, technology and consumer products.
- Ontario courts Confidential
Defamation and media disputes
Has acted for and against publishers, producers and individuals in defamation and related media claims, including on early-stage motions.
Results described are matters of public record. Past results do not guarantee or predict outcomes in other matters; every case depends on its own facts. Matters described here were handled while Matthew Diskin practised at prior firms, as noted.
The first conversation is about whether litigation is worth it. Tell me briefly what the dispute is about and I will respond after a conflicts check.