Case information

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings

Date	Proceeding	Filed By (if applicable)
2013-04-18	Appeal closed
2013-04-18	Correspondence received from, Marisa Victor by fax, re: disregard bill of costs as it has been settled	Rogers Communications Inc., Rogers Wireless Partnership, Shaw Cablesystems G.P., Telus Communications Inc.
2013-04-18	Discontinuance of the bill of costs	Rogers Communications Inc., Rogers Wireless Partnership, Shaw Cablesystems G.P., Telus Communications Inc.
2013-01-10	Bill of costs, Completed on: 2013-01-10	Rogers Communications Inc., Rogers Wireless Partnership, Shaw Cablesystems G.P., Telus Communications Inc.
2012-07-13	Formal judgment sent to the registrar of the court of appeal and all parties
2012-07-13	Judgment on appeal and notice of deposit of judgment sent to all parties
2012-07-12	Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro Mo Ka, The appeal from the judgment of the Federal Court of Appeal, Number A-514-07, 2010 FCA 123, dated May 14, 2010, heard on December 6, 2011, is dismissed with costs. Dismissed, with costs
2011-12-29	Transcript received, (137 pages)
2011-12-06	Judgment reserved OR rendered with reasons to follow
2011-12-06	Hearing of the appeal, 2011-12-06, CJ LeB De F Abe Ro Cro Mo Ka Judgment reserved
2011-12-06	Acknowledgement and consent for video taping of proceedings, all parties consented
2011-12-06	Intervener's condensed book, Filed in Court	Computer & Communications Industry Association
2011-12-06	Intervener's condensed book, Filed in Court	Federation of Law Societies of Canada and Canadian Legal Information Institute
2011-12-06	Intervener's condensed book, Filed in Court	Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2011-12-06	Intervener's condensed book, Filed in Court	Canadian Association of University Teachers
2011-12-06	Respondent's condensed book, Joint - filed in Court	Bell Canada
2011-12-06	Appellant's condensed book, Filed in Court	Society of Composers, Authors and Music Publishers of Canada
2011-12-06	Appellant's condensed book, Filed in Court	Canadian Recording Industry Association
2011-12-06	Appellant's condensed book, Filed in Court	CMRRA/SODRAC Inc.
2011-12-05	Correspondence received from, Jeff Beedell by fax re: oral arguments	CMRRA/SODRAC Inc.
2011-12-05	Correspondence received from, Gowlings rec'd by e-mail re: time for oral arguments	Society of Composers, Authors and Music Publishers of Canada
2011-12-01	Correspondence received from, J. Kennedy dated December 1, 2011 re: oral arguments	Bell Canada
2011-11-28	Notice of appearance, Only Glen Bloom will be appearing	Canadian Recording Industry Association
2011-11-28	Correspondence received from, Jay Kerr-Wilson dated Nov. 28/11 in response to Henry Brown's letter of Nov. 28/11	Bell Canada
2011-11-28	Correspondence received from, from Henry Brown, Q.C. dated Nov. 28/11 re allocation of time	Society of Composers, Authors and Music Publishers of Canada
2011-11-24	Notice of appearance, Andrea Rush will be appearing	Computer & Communications Industry Association
2011-11-24	Correspondence received from, Matthew Estabrooks dated Nov. 24/11 re draft schedule - no extra time granted	Society of Composers, Authors and Music Publishers of Canada
2011-11-24	Correspondence received from, Heenan Blaikie by fax, re.: request for 4 reserved seats at the hearing	Computer & Communications Industry Association
2011-11-23	Notice of appearance, Casey M. Chisick, Timothy Pinos and Jason Beitchman will be appearing	CMRRA/SODRAC Inc.
2011-11-22	Correspondence received from, Dimock Stratton by fax, re.: request for reserved seats at the hearing	Federation of Law Societies of Canada and Canadian Legal Information Institute
2011-11-22	Notice of appearance, David Fewer and Jeremy de Beer will be appearing	Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2011-11-22	Notice of appearance, Michael Koch will be appearing	Apple Canada Inc.
2011-11-22	Notice of appearance, Ronald Dimock and Sangeetha Punniyamoorthy will be appearing	Federation of Law Societies of Canada and Canadian Legal Information Institute
2011-11-22	Notice of appearance, Gilles Daigle, Paul Spurgeon, Matthew Estabrooks and Henry Brown will be appearing	Society of Composers, Authors and Music Publishers of Canada
2011-11-22	Notice of appearance, Gerald Kerr-Wilson, Ariel Thomas and Julia Kennedy will be appearing	Bell Canada
2011-11-22	Correspondence received from, CIPPIC by fax, re.: request for reserved seats at the hearing (joint with 33921-33922-33888-34210)	Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2011-11-22	Correspondence received from, Osler by fax, re.: request for 2 reserved seats at the hearing	Canadian Recording Industry Association
2011-11-22	Correspondence received from, Osler by e-mail, re.: request for 3 reserved seats at the hearing	Canadian Association of University Teachers
2011-11-22	Correspondence received from, Fasken Martineau by fax, re.: request for 4 reserved seats at the hearing	Rogers Communications Inc., Rogers Wireless Partnership, Shaw Cablesystems G.P., Telus Communications Inc.
2011-11-22	Correspondence received from, Gowling by fax, re.: request for 2 reserved seats at the hearing	Society of Composers, Authors and Music Publishers of Canada
2011-11-22	Correspondence received from, Cassels Brock by fax, re.: request for 1 reserved seat at the hearing	CMRRA/SODRAC Inc.
2011-11-21	Notice of appearance, Glen Bloom and Marcus Klee will be appearing	Canadian Recording Industry Association
2011-11-07	Order by, Abe, FURTHER TO THE ORDER dated June 10, 2011, granting leave to intervene to the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the Canadian Association of University Teachers, the Federation of Law Societies of Canada and Canadian Legal Information Institute and the Computer & Communications Industry Association; IT IS HEREBY FURTHER ORDERED THAT the interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal Granted
2011-09-23	Supplemental factum, Completed on: 2011-09-23	Apple Canada Inc.
2011-09-23	Supplemental factum, Completed on: 2011-09-23	Bell Canada
2011-09-23	Supplemental document, (Suppl. record), Completed on: 2011-09-23	Bell Canada
2011-09-23	Supplemental document, (Suppl. book of authorities), Completed on: 2011-09-23	Bell Canada
2011-09-01	Order on motion to extend time
2011-09-01	Decision on motion to extend time, Reg, to serve and file the intervener's factum and authorities to Aug. 8/11 Granted
2011-09-01	Submission of motion to extend time, Reg
2011-08-30	Order on motion to file a reply factum on appeal, (BY BINNIE J.)
2011-08-30	Decision on the motion to file a reply factum on appeal, Bi, UPON APPLICATION by Apple Canada Inc., and Bell Canada, Rogers Communications Inc., Rogers Wireless Partnership, Shaw Cablesystems G.P. and Telus Communications Inc. for an order to file further respondent records and facta and for directions regarding the oral hearing of the appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: Apple Canada Inc. may file a further record limited to extracts of the evidence and proceedings below, as well as a factum not exceeding 10 pages in length in response to the facta filed by the Canadian Recording Industry Association and CMRRA/SODRAC Inc. on or before September 23, 2011. Bell Canada Rogers Communications Inc., Rogers Wireless Partnership, Shaw Cablesystems G.P. and Telus Communications Inc. may jointly file a further record, limited to extracts of the evidence and proceedings below, as well as a factum not exceeding 10 pages in length in response to the facta filed by the Canadian Recording Industry Association and CMRRA/SODRAC Inc. on or before September 23, 2011. IT IS HEREBY FURTHER ORDERED THAT: In light of the position taken on the appeal, the Canadian Recording Industry Association and CMRRA/SODRAC Inc. shall be removed as respondents and added as appellants. Oral argument by these parties will therefore precede oral argument by the respondents. The time for oral argument for the appeal, shall be determined by the Registrar in due course when the various facta have been filed Allowed in part
2011-08-30	Submission of motion to file a reply factum on appeal, Bi
2011-08-29	Notice of hearing sent to parties
2011-08-18	Reply to motion to file a reply factum on appeal, Completed on: 2011-08-18	Bell Canada
2011-08-10	Response to motion to file a reply factum on appeal, (bookform), Completed on: 2011-08-10	Canadian Recording Industry Association
2011-08-10	Response to motion to file a reply factum on appeal, (bookform), Completed on: 2011-08-10	CMRRA/SODRAC Inc.
2011-08-10	Response to motion to file a reply factum on appeal, Completed on: 2011-08-10	Society of Composers, Authors and Music Publishers of Canada
2011-08-08	Response to motion to extend time, email from D. Lynne Watt dated Aug. 8/11, Completed on: 2011-08-08	Society of Composers, Authors and Music Publishers of Canada
2011-08-08	Motion to extend time, to serve and file the intervener's factum and authorities to Aug. 8/11 (bookform) (draft order rec'd Aug. 30/11), Completed on: 2011-08-30	Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2011-08-08	Intervener's book of authorities, Completed on: 2011-08-08	Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2011-08-08	Intervener's factum, Completed on: 2011-08-08	Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2011-08-05	Intervener's book of authorities, (4 volumes), Completed on: 2011-08-05	Federation of Law Societies of Canada and Canadian Legal Information Institute
2011-08-05	Intervener's factum, revised cd required (rec'd Aug.19/11), Completed on: 2011-08-23	Federation of Law Societies of Canada and Canadian Legal Information Institute
2011-08-05	Intervener's book of authorities, Completed on: 2011-08-05	Computer & Communications Industry Association
2011-08-05	Intervener's factum, Completed on: 2011-08-05	Computer & Communications Industry Association
2011-08-03	Intervener's book of authorities, Completed on: 2011-08-03	Canadian Association of University Teachers
2011-08-03	Intervener's factum, Completed on: 2011-08-03	Canadian Association of University Teachers
2011-07-27	Correspondence received from, Patricia J. Wilson dated July 27/11 re Canadian Recording Industry Association has officially changed its name to Music Canada	Canadian Recording Industry Association
2011-07-22	Appeal hearing scheduled, 2011-12-07, For webcast purposes only - (start time 9:00am)
2011-07-22	Appeal hearing scheduled, 2011-12-06, (start time 9:00am) Judgment reserved
2011-07-20	Motion to file a reply factum on appeal, not exceeding 20 pages to the Canadian Recording Industry Association and CMRRA/SODRAC Inc., to file a supplementary respondents' record and direction regarding the hearing of the appeal (bookform), Completed on: 2011-07-20	Bell Canada
2011-07-14	Correspondence received from, Michael Koch by fax, re.: courtesy letter	Apple Canada Inc.
2011-07-14	Correspondence received from, Gowling by fax, re.: response to letter filed by Apple Canada July 6/11	Society of Composers, Authors and Music Publishers of Canada
2011-07-06	Correspondence received from, Michael Koch by fax, re.: further factum + oral arguments (motion requested)	Apple Canada Inc.
2011-06-23	Order on motion to extend time, (included in motion book)
2011-06-23	Decision on motion to extend time, Reg, to serve the respondents' documents namely the record, factum and book of authorities to June 14/11 Granted
2011-06-23	Submission of motion to extend time, Reg
2011-06-15	Response to motion to extend time, email from Barry B. Sookman dated June 14/11 (included in motion), Completed on: 2011-06-15	Entertainment Software Association and Entertainment Software Association of Canada
2011-06-15	Response to motion to extend time, email from Glen Bloom dated June 14/11 (included in motion), Completed on: 2011-06-15	Canadian Recording Industry Association
2011-06-15	Response to motion to extend time, email from Michael Koch dated June 14/11 (included in motion), Completed on: 2011-06-15	Apple Canada Inc.
2011-06-15	Response to motion to extend time, email from Casey Chisick dated June 14/11 (included in motion), Completed on: 2011-06-15	CMRRA/SODRAC Inc.
2011-06-15	Response to motion to extend time, email from Gilles Daigle dated June 24/11 (included in motion), Completed on: 2011-06-15	Society of Composers, Authors and Music Publishers of Canada
2011-06-15	Motion to extend time, to serve the respondents' documents namely the record, factum and book of authorities to June 14/11 (bookform), Completed on: 2011-06-15	Bell Canada
2011-06-15	Appeal perfected for hearing
2011-06-14	Correspondence received from, Caroline Etter dated June 14, 2011. Re: Judith Parisien will be acting as agent	Computer & Communications Industry Association
2011-06-13	Respondent's book of authorities, Completed on: 2011-06-13	Canadian Recording Industry Association
2011-06-13	Respondent's factum, Completed on: 2011-06-13	Canadian Recording Industry Association
2011-06-13	Respondent's book of authorities, Completed on: 2011-06-13	Bell Canada
2011-06-13	Respondent's record, Completed on: 2011-06-13	Bell Canada
2011-06-13	Respondent's factum, Completed on: 2011-06-13	Bell Canada
2011-06-13	Respondent's book of authorities, Completed on: 2011-06-13	Apple Canada Inc.
2011-06-13	Respondent's record, Completed on: 2011-06-13	Apple Canada Inc.
2011-06-13	Respondent's factum, Completed on: 2011-06-13	Apple Canada Inc.
2011-06-13	Respondent's book of authorities, Completed on: 2011-06-13	CMRRA/SODRAC Inc.
2011-06-13	Respondent's factum, Form 14 and Form 25-B was filed and served separately, Completed on: 2011-06-13	CMRRA/SODRAC Inc.
2011-06-10	Order on motion for leave to intervene, (BY ABELLA J.)
2011-06-10	Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the Canadian Association of University Teachers, the Federation of Law Societies of Canada and Canadian Legal Information Institute and the Computer & Communications Industry Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the Canadian Association of University Teachers, the Federation of Law Societies of Canada and Canadian Legal Information Institute and the Computer & Communications Industry Association are granted and the said four groups of interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their interventions Granted
2011-06-10	Submission of motion for leave to intervene, Abe
2011-06-02	Reply to the motion for leave to intervene, (Letter Form), from Andrea Rush dated June 2/11, Completed on: 2011-06-02	Computer & Communications Industry Association
2011-05-31	Reply to the motion for leave to intervene, (Letter Form), from Ronald E. Dimock dated May 31/11, Completed on: 2011-05-31	Federation of Law Societies of Canada and Canadian Legal Information Institute
2011-05-31	Notice of change of counsel, From Lenczner Slaght Royce Smith Griffin LLP to Glen A. Bloom of Osler, Hoskin & Harcourt LLP	Canadian Recording Industry Association
2011-05-30	Reply to the motion for leave to intervene, (Letter Form), from Wendy Matheson dated May 30/11, Completed on: 2011-05-30	Canadian Association of University Teachers
2011-05-26	Response to the motion for leave to intervene, email from Jeff Beedell dated May 26/11, Completed on: 2011-05-26	CMRRA/SODRAC Inc.
2011-05-26	Response to the motion for leave to intervene, (Letter Form), (confidential) from Matthew Estabrooks dated May 26/11 (public version also filed) (by all interveners), Completed on: 2011-05-26	Society of Composers, Authors and Music Publishers of Canada
2011-05-16	Intervener's book of authorities, On motion, Completed on: 2011-05-16	Computer & Communications Industry Association
2011-05-16	Motion for leave to intervene, Bookform, Completed on: 2011-05-16	Computer & Communications Industry Association
2011-05-16	Motion for leave to intervene, Bookform, Completed on: 2011-05-16	Federation of Law Societies of Canada and Canadian Legal Information Institute
2011-05-16	Motion for leave to intervene, Bookform, Completed on: 2011-05-16	Canadian Association of University Teachers
2011-05-16	Motion for leave to intervene, Bookform, Completed on: 2011-05-16	Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2011-05-16	Correspondence received from, Daniel Glover dated May 11/11 re change of counsel	Entertainment Software Association and Entertainment Software Association of Canada
2011-05-16	Notice of change of counsel, from Borden Ladner Gervais LLP to Barry Sookman of McCarthy Tétrault LLP	Entertainment Software Association and Entertainment Software Association of Canada
2011-05-16	General proceeding, Notice that Colin S. Baxter is also the Ottawa Agent for Entertainment Software Association and Entertainment Software Association of Canada	Entertainment Software Association and Entertainment Software Association of Canada
2011-04-18	Appellant's book of authorities, (3 volumes), Completed on: 2011-04-18	Society of Composers, Authors and Music Publishers of Canada
2011-04-18	Appellant's record, Exhibit SOCAN-17 is sealed and filed separately (11 copies plus CD), Completed on: 2011-04-18	Society of Composers, Authors and Music Publishers of Canada
2011-04-18	Appellant's factum, CONFIDENTIAL - Redacted version filed (3 copies), Completed on: 2011-04-18	Society of Composers, Authors and Music Publishers of Canada
2011-04-15	Correspondence received from, Marguerite Ethier dated April 15, 2011. Re: Cavanagh Williams Conway Baxter LLP will be acting as agent	Canadian Recording Industry Association
2011-04-13	Correspondence received from, Eugene Meehan dated April 13, 2011. re: McMillan will be acting as agent	CMRRA/SODRAC Inc.
2011-02-23	Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2011-01-25	Correspondence received from, Michael Koch dated January 25, 2011. Re: Dougald Brown from Nelligan O'Brien Payne will be acting as agent	Apple Canada Inc.
2011-01-24	Notice of appeal, Completed on: 2011-01-24	Society of Composers, Authors and Music Publishers of Canada
2010-12-24	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2010-12-24	Judgment on leave sent to the parties
2010-12-23	Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-514-07, 2010 FCA 123, dated May 14, 2010, is granted with costs in the cause. Granted, with costs in the cause
2010-11-15	All materials on application for leave submitted to the Judges, LeB De Cha
2010-10-15	Correspondence received from, Gowlings dated Oct. 15/10 re: confirming that there is nothing confidential in the response or reply (by e-mail)	Society of Composers, Authors and Music Publishers of Canada
2010-09-22	Applicant's reply to respondent's argument, (service missing - rec'd Sept. 27/10), Completed on: 2010-09-27	Society of Composers, Authors and Music Publishers of Canada
2010-09-13	Respondent's response on the application for leave to appeal, (Letter Form), from C.M. Chisick, dated Sept.13-10 Re: no intention to respond to application for leave, by fax, Completed on: 2010-09-13	CMRRA/SODRAC Inc.
2010-09-13	Respondent's response on the application for leave to appeal, (service missing - rec'd by fax Sept. 14/10), Completed on: 2010-09-14	Apple Canada Inc.
2010-09-13	Respondent's response on the application for leave to appeal, (Letter Form), from H. Rupani dated Sept. 10/10 re: ESA/ESAC take no position on the leave application (by fax), Completed on: 2010-09-13	Entertainment Software Association and Entertainment Software Association of Canada
2010-09-02	Respondent's response on the application for leave to appeal, (Letter Form), from M. F. Ethier dated Sept. 1/10 re: CRIA takes no position on leave but reserves the right to respond if leave is granted (by fax), Completed on: 2010-09-02	Canadian Recording Industry Association
2010-08-30	Correspondence received from, M. Estabrooks dated Aug. 30/10 re: in response to H. Rupani's letter of Aug. 26/10 and confirming to amend the style of cause to reflect ESA/ESAC as respondents (by fax)	Society of Composers, Authors and Music Publishers of Canada
2010-08-26	Correspondence received, Hafeez Rupani of BLG LLP dated Aug. 26/10, counsel for ESA/ESAC re: style of cause. Confirming that ESA/ESAC were respondents at the FCA and would like to be added as respondents (by fax with service)
2010-08-24	Letter acknowledging receipt of a complete application for leave to appeal
2010-08-20	Correspondence received from, M. Estabrooks dated Aug. 20/10 re: style of cause	Society of Composers, Authors and Music Publishers of Canada
2010-08-13	Application for leave to appeal, (redacted version on file) (new covers requested re: style of cause - rec'd Aug. 20/10) (copy of the Notice sent to retired parties rec'd Aug. 20/10), Completed on: 2010-08-20	Society of Composers, Authors and Music Publishers of Canada

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Society of Composers, Authors and Music Publishers of Canada	Appellant	Active
Canadian Recording Industry Association	Appellant	Active
CMRRA/SODRAC Inc.	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Bell Canada	Respondent	Active
Apple Canada Inc.	Respondent	Active
Rogers Communications Inc., Rogers Wireless Partnership, Shaw Cablesystems G.P., Telus Communications Inc.	Respondent	Active
Entertainment Software Association and Entertainment Software Association of Canada	Respondent	Active

Other parties

Other parties

Name	Role	Status
Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic	Intervener	Active
Canadian Association of University Teachers	Intervener	Active
Federation of Law Societies of Canada and Canadian Legal Information Institute	Intervener	Active
Computer & Communications Industry Association	Intervener	Active

Counsel

Summary

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

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Webcasts

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