The Federal Court of Canada found that the plaintiff's moral rights had not been violated because there was no objective evidence that the reproduction caused harm to his reputation.
One of the stories included was a substantial extract from La vengeance de l'orignal by Doric Germain.
Germain therefore retained these rights, and claimed at trial that the defendant had distorted his work by taking extracts while omitting subplots and context.
[4] Following the decision of Snow v. Eaton Centre Ltd., the Court noted that prejudice must first be determined on a subjective standard based on the author's opinion.
The Court observed that Germain had "not been ridiculed or mocked by his colleagues or the newspapers and he had not personally heard any complaints after the [collection] was published.