The Ontario Court of Appeal (
ONCA )
has broken new ground by ordering security for a trial judgment in
Wiseau Studio, LLC v Harper, 2021 ONCA 31. While appellate courts in other
jurisdictions have made such orders, this decision of Justice
Thorburn was a first for Ontario.
History of the Case
The cinematic backdrop to this judicial action was a dispute
between filmmakers: in 2017, Tommy Wiseau, creator of the
cult-classic film
The Room, and his company, Wiseau Studio
LLC, (together,
Wiseau ) commenced an
action against the documentarians behind a film about
The
Room and its cult following. Richard Harper, Fernando Forero
McGrath, and Martin Racicot, doing business as Room Full of Spoons
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Sequels in the movie business, just like appeals in the judicial system, carry
certain undeniable risks. For every triumphant
The Empire
Strikes Back, there are dozens of
Speed 2: Cruise
Control, Jaws: The Revenge,
Weekend at Bernie s
II (or, heaven forbid,
Return of the Jedi)
which exist as a cautionary tale to revisiting the same material
again.
The same is true for litigants. Appeals carry inherent risk for any party
seeking to overturn a judgment against them, particularly in
circumstances where the Court below has provided a highly critical