MHR Board Game Design Inc. v. Canadian Broadcasting Corporation 2013 ONCA 728

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Note

The ONCA upholds the lower court judgment and finds that the release signed by the Plaintiff gave the CBC sole discretion to edit the recording as it saw fit and to portray a factual, fictional or defamatory image of the appellants.

Decision Summary

The appellant, Marc Ribeiro, made a business proposal to a panel on the reality show "Dragon's Den". He alleged that the version of his proposal that was broadcast had been edited in a such a fashion as to completely misrepresent the merits of his business plan.

The Defendants had successfully brought a summary judgment motion for dismissal of the action against the CBC on the basis that the Consent and Release signed by the appellant expressly waived the causes of action alleged in the Statement of Claim.

The motion judge concluded that the appellant Ribeiro had signed a comprehensive release which amounted to an "express and unambiguous" release of all claims advanced in the Statement of Claim, and found that there was no reason not to give effect to the release.

[3] The release and the circumstances in which it was executed are indistinguishable from the same release and circumstances considered in Turmel v. CBC, 2011 ONCA 519.
[6] The motion judge was correct to conclude that no trial was required to assess the effect of the release on the appellants' claims...There were no material facts in dispute...The misconduct complained of is in no way extraneous to the contract or outside the scope of the release and exclusion clause. It falls squarely within the terms of the release.


References

See:MHR Board Game Design Inc. v. Canadian Broadcasting Corporation 2013 ONSC 4457

See:MHR Board Game Design Inc. v. Canadian Broadcasting Corporation 2013 ONCA 728

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