Diskin&Co

Toronto, Ontario

Matters

Selected matters described from the public record. Client matters that are confidential, settled or unreported are described in general terms only.

2020 ONSC 2504Ontario Superior Court of Justice2020

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

  1. 01The documentary’s use of clips from The Room was fair dealing for the purposes of criticism, review and news reporting.
  2. 02The court treated fair dealing as a user’s right to be interpreted generously, applying the Supreme Court of Canada’s framework in CCH.
  3. 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 CanLII

Copyright & Fair DealingEntertainment & Media Litigation

Representative 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.

    Confidential Information & Injunctions

  • 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.

    Trademarks & Brand DisputesCopyright & Fair Dealing

  • 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.

    Defamation, Privacy & Media Law

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.