William Shatner and the Pantages Theatre have entered into a contract for William Shatner to appear in a play. Rehearsals for the play started in March, with opening night scheduled for April 11, 2022. On April 10, 2022 a fire breaks out in the theatre. Many sections of the seats and a portion of the stage are damaged. Pantages Theatre contacts its insurance provider, who advises that repairs will be able to commence immediately. However, opening night will need to be postponed by at least one month until the repairs have been completed. It turns out that William Shatner had been offered a supporting role in the new Star Trek movie which was scheduled to start filming on April 1. He had turned it down because of the conflict with the stage production. However, he now wants to terminate the contract with the Pantages Theatre and accept the Star Trek role. 1. What legal principle could William Shatner use to terminate the agreement with the Pantages Theatre? 2. If the Pantages Theatre sues William Shatner for breach of contract, could they be successful and why? Please refer to a Canadian case that might support your theory. 3. Would the Pantages Theatre be able to force William Shatner to appear in their play, and why or why not? Please refer to a case that might support your theory. PART B The Pantages Theatre had already printed the program for opening night. The program featured a photograph of William Shatner with the words "Star of the original Star Trek TV Series". 1. Please conduct a search of the Canadian Intellectual Property Office at http://www.ic.gc.ca/eic/siTe/cipointernet-internetopic.nsf/eng/h_wr00002.html and advise who owns the Star Trek trademark. 2. What steps or action could the owner of the trademark take against the Pantages Theatre? PART C The use of the photograph of William Shatner in the program was approved and authorized. However, a parking garage called Imparking, located in the vicinity of the Pantages Theatre is using an old photograph of William Shatner from the 1960's in a billboard next to the entrance to its parking garage with the words "William Shatner Says Make it So - Park at Imparking Tonight!". 1. Does William Shatner have a cause of action against Imparking for the tort of misappropriation of personality, and why or why not? Please refer to at least two (2) Canadian cases in your answer.