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There are released in Canada each year some 450 feature pictures of each of which there may be from one to ten films in circulation throughout the Dominion. There are upwards of 1100 theatres in Canada large and small, engaged in the Moving picture business. The pictures are almost without exception, although a few come in from England, produced in the United States, and for practically every producer there is a corresponding distributor in Canada engaged in marketing the product of that particular producer.
As stated Famous Players owns or operates or is interested in or books for a large number of theatres, undoubtedly more than any other individual exhibitor. Exhibit 2 indicates the extent of its interests in various theatres. Exhibit 3 is an agreement between Famous Players and Bloom and Fine, dated 8th December, 1926, and exhibit 4 is a subsequent agreement dated 24 March, 1928, between B. & F. Theatres Limited and Famous Players. Apparently the booking done in respect of these theatres was under the control of Famous Players. As stated Famous Players booked for about 100 theatres including The B. & F. Theatres and others.
The trial occupied three weeks and many witnesses were examined, some at great length and numerous exhibits were filed. The case was most ably argued and many authorities were referred to, all of which I have examined. Several points were argued of great importance, such as for instance whether either the Code or the Combines Act can be held to apply to a combine (assuming one to exist) relating to the supply of film, the contention being that the right to produce for a limited time the photographic reproduction of what is essentially a theatrical performance, and is itself a subject of copyright, is not and cannot be a dealing in any article or commodity which may be the Subject of trade or commerce under the Code, and similarly since the words “otherwise—injuring trade L. commerce” in See. 2 (e) (vi) of the Combines Act relate back to the preceding clauses, a combine under that Act must beshown to relate to matters which can be properly regarded as the subject
of trade and commerce and the ‘supply’ (v) of film cannot be so regarded.
As to this point I would refer to the recent judgment of Mr. Justice Raney in The King v. Alexander et al (which I have not as
yet seen reported) in which he held that ‘supply’ might relate to anything whatever.