310 THE ADVOCATE
VOL. 80 PART 2 MARCH 2022
ties and the public would have contemplated and bargained for that particular
artist and no other would be expected to take his place as a performer
at ‘showtime’”. The Court contrasted this to the subject matter of the case
before it: “on the other hand, we are persuaded that elevator maintenance
is a more routine commercial function”.
Karlan S. Modeste was appointed as a member of the British Columbia
Review Board for a term ending December 13, 2023.
In Aalmuhammed v. (Spike) Lee, 202 F.3d 1227 (2000), the U.S. Court of
Appeals for the Ninth Circuit considered the term “joint work” and the concept
of “two or more authors” required by its definition. The court noted it
was “easy to apply the word to two people who work together in a fairly traditional
pen-and-ink way, like, perhaps, Gilbert and Sullivan. In the song, ‘I
Am the Very Model of a Modern Major General,’ Gilbert’s words and Sullivan’s
tune are inseparable, and anyone who has heard the song knows that
it owes its existence to both men, Sir William Gilbert and Sir Arthur Sullivan,
as its creative originator.” (More on the “Modern Major General” to
come, as you’ll read below!) However, “as the number of contributors grows
and the work itself becomes less the product of one or two individuals who
create it without much help, the word is harder to apply”.
According to Wikipedia, in 1863, W.S. Gilbert (the Gilbert of Gilbert and Sullivan),
“received a bequest of £300 that he used to leave the civil service and
take up a brief career as a barrister (he had already entered the Inner Temple
as a student). His legal practice was not successful, averaging just five
clients a year”.
Justice François Dadour of the Superior Court of Quebec has allowed a
sequestered jury deliberating the fate of a Laval businessman charged with
kidnapping the president of a chain of restaurants access to cigarettes and
cannabis, but not a dictionary. The judge ordered that the cannabis
(requested for medical reasons) should be used responsibly at night after
jury deliberations. The jury presumably cannot use a dictionary responsibly
or otherwise at any time.
Rachel H.V. Roy was reappointed as a member of the Vancouver Police
Board for a term ending December 31, 2023.
As the Ontario Superior Court of Justice noted in Re Town of Dryden and
Dryden Police Association, 1972 CanLII 631, “in song, Gilbert and Sullivan