Acadia University Convocation 2017

As Acadia University finishes polishing its exquisitely embellished campus in preparation to usher another several hundred graduates into the world, I am struck by many ironies.

As my hometown “lustres up”, I am enveloped in the Acadia patina, preparing to challenge Acadia’s proclamation that my creative work is not worthy of copyright protection. The legal quagmire is in its 4th year with Appeal proceedings scheduled for May 23rd in the Nova Scotia Court of Appeal.

Acadia University’s role as an academic authority and grantor of scholarly certificates creates a rather mystical presence in the small town of Wolfville, much like any small “university town”.

“Acadia University” arouses honour, pride, respect, and admiration. You’d be hard pressed to find anyone who publicly denounces or degrades Acadia. It is, undeniably, a very valuable asset.

Obviously, universities play a major role in preparing the potent minds of our youth. Universities gain esteemed reputations as de facto directors and guardians of moral, ethical, social, and of course academic standards. This responsibility engenders a very powerful and influential voice.

When Acadia University expresses a position, people listen.

Why am I begging you to listen to me?...and why should it matter to you? My cause is one that should raise concern for anyone who depends upon Intellectual Property rights to earn a living. Acadia University proclaims that my original design drawings are not worthy of copyright protection. 

I am the principal designer of my company PIER101 Home Designs Inc.
I have worked as an intern architect, production designer, teacher, building designer, and artist for the 25 years since earning two university degrees, Bachelor’s Environmental Design Studies, and Master’s of Architecture, proudly earned from TUNS / Dalhousie University.

In the summer of 2013, PIER101 was asked to design an addition to the existing Alumni Hall. PIER101 was compensated for use of a presentation drawing to acquire funding from the Wu family.
Acadia then assumed and appropriated all copyrights associated with my drawings, claiming that my drawings were “mere mechanical exercise” in “accordance with Acadia’s judgment and creative vision”.
The extent of Acadia's creative vision was expressed with verbal descriptions in July 2013. Acadia sought approximately a 4000 sq. ft. addition on the "west side"..."provide high visibility”. PIER101 provided several schematic versions for review. Acadia opted for PIER101's version which located a large gabled form to the north, a hard landscaped sweeping arc gathering space, pergola, and other architectural components. The PIER101 design was described by Acadia as a "home run". 

• Acadia used PIER101 drawings to acquire a development permit.
• Acadia transmitted my drawings to media.
• Acadia gave my drawings to a competitor, Troy Scott, who I maintain, copied my creative work and completed the design/build of the project.

I discovered these transgressions when seeing my drawings published in a local newspaper.

Acadia’s proclamations have cost me many thousands of dollars, deterioration of my design company, and many years of legal toiling.

Acadia University decries that “the drawings lack sufficient uniqueness and artistic quality to warrant them capable of being protected by copyright”
Acadia has also actively participated in efforts to damage my company and personal reputations.



N.B. Image Overlay is two pages of Acadia’s Notice of Contest filed Dec 2015 preceding Supreme Court hearing of June 2016, where Justice Chipman dismissed PIER101's claims of Copyright Infringement and awarded costs in excess of $40,000 against Laura MacNutt and PIER101. All of these records are a matter of public record.

The procedural obligations of Appellants are profoundly more onerous and expensive than any on-line sources would have you believe. The manner in which I was required to produce my 8 copies of the 1500 pages of Appeal Books was very strictly prescribed, including the sequential page numbering of 'clean' copies of any and all of the abundant documents which were produced during the 'lower court' litigation. The Table of Contents was 8 pages long etc.etc. etc. It is nauseating to recall the process. Then there was the Factum, which I was advised is the most important of all documents. These "concise compilation of facts and legal arguments" are advanced to all three of the Justices who will preside at the Hearing. My Appellant Factum was due last week. The Respondent Factums are due in a few weeks. The Hearing in this case is "set down" for May 23rd. 
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The Appellant's Factum, having been filed, is now a public record. The link below delivers the PDF as filed.
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How does a law abiding, hard working, respected professional designer, suddenly find herself in proverbial depths of despair;  ordered by a judge to pay in excess of $40,000 to those who stole copyright protected materials?

Pursuing justice without a legal advocate is a brutally unkind exercise.
Hiring legal counsel is not an option. 
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I am jumping in to this blog mid-stride of a very agonizing and enduring chapter of my life.
I have recently recognized that the kindness and compassion I've nurtured my entire life is in fact a liability in litigation. 
Though it seems so obvious to me now, it has taken me almost 4 years to identify that the most valued skill in the sport of adversarial  legal wrangling is unabashed bullying. 
Herein lies the greatest of moral and ethical dilemmas.
Do I permit my adversarial foes to plunge their fatal blow or do I adopt their ferociousness?


It is Thursday January 19th, 2017 9:50 and I am on the 5th floor of the Halifax Law Courts, waiting in the Appeal court lobby with a rather substantial group of well heeled 'suits'.

• This Nova Scotia Court of Appeal weekly event facilitates relatively uncomplicated issues which arise in the course of preparing matters which are on track to be Appealed.
• Within 'the Chambers" there is a single judge, (though not always the same judge), who determines scheduling and the appropriateness of the advanced Motions.
• Either an Appellant or a Respondent initiates these hearings and all parties typically participate. Much footwork and paperwork precedes each of these Motions.
• There is no knowing if there will be just 1 or multiple matters being heard at this weekly roll call.  All matters are scheduled for Thursday at 10 am. 

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​This is the third time I have been on this Appeal Court's docket. 

The flock of impressively appointed barristers are mingling in the lobby, appearing refreshed, primped, and enthusiastic. I walk through, foolishly and sincerely extending kind nods, with nary an acknowledgement.

I am pretty certain that no one else on this floor spent the last half hour circling around the block seeking a parking space which did not require more than the 3 dollars I had in my pocket.  
I am pretty certain my lack of membership was pretty obvious.

I notice JC, counsel for one of the respondents in the matter for which I am present. He greets another lawyer, perhaps a stand in counsel for the second respondent in ‘my’ case.
I nodded, however, didn’t get so much as a grunt from either of them.

The crowd sways toward the courtroom as the sheriff unlocks the court room door.

As I near the door, I alone am directed to the side to submit to security screening.
I am told to remove my outer clothes, empty my pockets, and surrender my armful of books and documents. My ratty, recycled binders are each leafed and investigated for threatening contents.

I have a sheriff's metal detector hovering over my crotch while the flock of esteemed lawyers file past and glance at the contents of my security tray. 
My out turned pockets produced my lucky penny, paper clips, and other sundry contents but still the detector insisted that something threatening remained in my pocket.

While I alone, am thoroughly scrutinized, the chasm between "them" and "us" expands exponentially.
As I watch my carefully orchestrated binders get disheveled, I grow progressively more anxious.
 It wasn’t until I drew the sheriff's attention to the rivets in my pockets that I was entitled to recover my possessions and enter the public gallery of the court.

I wait dutifully in the gallery for my matter to be called so that I may enter the domain of the lawyers so that I may ‘present’ my position.

As I sit and am mid-drop of my pile of books on the floor, the Justice began to explain that the Motion I filed seeking permission to submit an affidavit describing my experience in the lower court should be filed a month hence as provisional evidence along with my Factum.

This was contrary to what the 700+ pages of the Civil Procedure Rules describes and what the respondent's counsel's reactions concurred, but that is irrelevant. The decisions of the Appeal Court Chambers Judge trumps (almost) all else. 

This was not bad news, it was just an extremely frustrating use of precious resources.

Days of preparation, hundreds of miles of travel, overnight accommodations for respondent’s counsel, conceivably amounting to several thousands of dollars, all of which could become my burden of costs if the Appeal is not successful.

Unfortunately I have become all too familiar with this tormenting psychological state.