Cape Breton man's claim to have invented Trivial Pursuit has been dismissed by the Supreme Court of Nova Scotia



    TORONTO, June 25 /CNW/ - Horn Abbot Ltd. is pleased to announce that the
long-running trial over the creation of its world-famous board game,
Trivial Pursuit, has been successfully decided in its favour.
    The Supreme Court of Nova Scotia has released its decision and has
dismissed the claim of the Plaintiff, David Wall.
    In a 182-page decision, the trial judge pointed out many inconsistencies,
inaccuracies and conflicting aspects in the Plaintiff's testimony - not only
within his own testimony but in relation to the vast majority of witnesses who
appeared at trial. In reaching his conclusion, Justice A. David MacAdam made
note:

    . . . Where the evidence is only "consistent as to its inconsistencies",
    it is difficult, if not impossible, to place "fact finding weight" on
    it . . . .

    The passage of time may account for some of the "inconsistencies";
    however, they occur with such regularity as to suggest other conclusions.
    (page 181, para. 614)

    Justice MacAdam also made the following finding with respect to the
Plaintiff's evidence:

    The cumulative evidence of the alleged encounter with the individual
    Defendant is so marked with inconsistencies and contradictions as not to
    be credible. (page 181, para. 615)

    The Defendants, Horn Abbot Ltd. and Christopher Haney (the other
Defendants having been dismissed without the necessity of calling evidence at
the end of the Plaintiff's case - Charles Scott Abbott, John Haney,
Edward Martin Werner and 679927 Ontario Limited), have been fully vindicated.
    The Defendants' position throughout the trial remained consistent that
the game had been invented by Charles Scott Abbott and Christopher Haney on
December 15, 1979, in Montreal, Quebec.
    The action was commenced in November, 1994. The trial, which took place
in Sydney, Nova Scotia, began on May 23, 2006. More than 50 witnesses
testified at the trial which lasted a total of 47 days and was completed on
January 6, 2007.
    The full text of the decision by the Supreme Court of Nova Scotia is
available at http://decisions.courts.ns.ca/nssc/2005/2005nssc276.html.




For further information:

For further information: William L. Ryan, Stewart McKelvey, Halifax,
Nova Scotia, (902) 420-3316, wryan@smss.com, counsel for the individual
defendants; John Cotter, Osler, Hoskin & Harcourt LLP, Toronto, Ontario, (416)
862-5662, jcotter@osler.com, counsel for the corporate defendants

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