Krouse was clearly identifiable within the picture and was the centre of focus. The Court found, however, that Krouse was unable to show that his ability to market his image was harmed, and he was granted $1,000 for general damages. At the Court of Appeal The defendants appealed, arguing that there was no valid cause of action, since the use of the plaintiff's image was not libellous, and since there was an absence of a common field of activity on which to found an action in passing off. The Ontario Court of Appeal found for the defendants on the passing off claim, by maintaining the need to show a common field of activity. In a decision written by Estey J.A., it was held that while Canadian law may contemplate a tort of appropriation of personality, the elements of that cause of action were not made out in this case. Estey, J.A. did not categorically dismiss the possibility of a tort that could broadly be read to encompass an individual's right to control how his or her personality is used: The Court of Appeal did not elaborate on, or depart from, Haines J's analysis of the law at first instance. Aftermath The case was unique in that relatively little weight was placed on the need for formal authority. What was more important were the underlying reasons of substance, particularly the apparent commercial reality that a person's image had a de facto value and was effectively traded as a commodity. The new tort of appropriation of personality did not develop through a gradual extension of an existing cause of action, such as passing off or libel, until it formed a separate and autonomous cause of action, but rather through one bold judicial stroke at first instance. See also Gould Estate v. Stoddart Publishing Co. Ltd. External links Canadian intellectual property case law Personality rights 1971 in Canadian case law Chrysler