The Court reaffirmed the almost century-old principle that copyright protection does not apply to facts ( Deeks v Wells, OR 818, 1931 CanLII 157 (CA)), but with a twist. The eight-membered family is known for winning “ a pitched street battle against eighteen townspeople intent on revenge.” Or did they win? Was it eight on eighteen? Did they ever actually fight? Justice McHaffie decided that none of the answers to those questions matter. In Winkler, the Federal Court of Canada looked at the infamous Donnelly family of Lacun, Ontario. Kelly, one of Canada’s most famous true crime authors, perhaps would have felt some regret after the outcome of Winkler. However, it is hard to imagine a director ever regretting this statement after the movie’s release. The Winkler v Hendley, 2021 FC 498 (“ Winkler”) decision evokes the image at the beginning of a movie that states “Based on a true story….” Directors tend to state this at the beginning of a film to authenticate it. Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.
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