In MacNutt v Acadia University (2016 NSSC 160), the Supreme Court of Nova Scotia (the Court) dismissed an application claiming infringement of copyright in the applicant’s architectural concept drawings prepared for Acadia University. The Court found that the applicant’s concept drawings were “distinctly different” from the plans used by the University.

The applicant is a building designer who was retained by Acadia University to prepare concept drawings for a potential expansion of a university building. The drawings were used in a presentation to one of the University’s donors. The University then retained a licensed architect to proceed with the project. After the project was announced to the public, a local newspaper published an article which contained a photo of the new architect along with unattributed pictures of the applicant’s drawings.

The Court dismissed the application largely based on the expert evidence.  In particular, the Court preferred the evidence of the respondent’s expert, who concluded that there were distinct differences between the plans used by the University’s architect and those prepared by the applicant. The Court also accepted the conclusion of the respondent’s expert that any similarity between the plans was a result of the Georgian style mandated by the University and architectural guidelines established by the Town of Wolfville.

Summary by David Bowden

E-TIPS® ISSUE

16 07 27

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