Skip to main content

Case information

Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.


33888

Province of Alberta as represented by the Minister of Education;, et al. v. Canadian Copyright Licensing Agency Operating as "Access Copyright"

(Federal) (Civil) (By Leave)

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)
2012-07-18 Appeal closed
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-302-09, 2010 FCA 198, dated July 23, 2010, heard on December 7, 2011, is allowed with costs, and the matter is remitted to the Copyright Board for reconsideration. Deschamps, Fish, Rothstein and Cromwell JJ. are dissenting.
Allowed, with costs
2012-01-03 Transcript received, (88 pages)
2011-12-07 Judgment reserved OR rendered with reasons to follow
2011-12-07 Hearing of the appeal, 2011-12-06, CJ LeB De F Abe Ro Cro Mo Ka
Judgment reserved
2011-12-07 Acknowledgement and consent for video taping of proceedings, All parties consented
2011-12-07 Intervener's condensed book, Filed in Couirt Canadian Publishers' Council, Association of Canadian Publishers, and Canadian Educational Resources Council
2011-12-07 Intervener's condensed book, Filed in Court Association of Universities and Colleges of Canada and Association of Canadian Community Colleges
2011-12-07 Intervener's condensed book, Filed in Court CMRRA-SODRAC Inc.
2011-12-07 Respondent's condensed book, Filed in Court Canadian Copyright Licensing Agency Operating as "Access Copyright"
2011-12-07 Appellant's condensed book, Filed in Court Province of Alberta as represented by the Minister of Education;
2011-12-05 Notice of appearance, Howard Knopf and Ariel Katz will be appearing Centre for Innovation Law and Policy of the Faculty of Law University of Toronto
2011-11-29 Notice of appearance, Claude Brunet and Neil Finkelstein will be appearing Canadian Copyright Licensing Agency Operating as "Access Copyright"
2011-11-28 Supplemental document, Completed on: 2011-11-28 Province of Alberta as represented by the Minister of Education;
2011-11-28 Reply factum on appeal, Completed on: 2011-11-28 Province of Alberta as represented by the Minister of Education;
2011-11-28 Correspondence received from, JA.O dated Nov 28, 2011 (by fax) re: reconsideration for intervenors denied oral submissions Province of Alberta as represented by the Minister of Education;
2011-11-28 Order on motion to extend time, (BY DESCHAMPS J.)
2011-11-28 Decision on motion to extend time, De, FURTHER TO THE ORDER dated October 4, 2011, granting leave to intervene to the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic;
AND UPON APPLICATION by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic for an extension of time to serve and file its factum to November 23, 2011 and to make oral argument at the hearing of the appeal;
IT IS HEREBY FURTHER ORDERED THAT the extension of time is granted and the permission to present oral argument at the hearing of the appeal is denied
Allowed in part
2011-11-28 Submission of motion to extend time, De
2011-11-28 Reply factum on appeal, Completed on: 2011-11-28 Canadian Copyright Licensing Agency Operating as "Access Copyright"
2011-11-23 Response to motion to extend time, emails dated Nov. 22/11 from the appellants and respondent consenting, Completed on: 2011-11-23 Province of Alberta as represented by the Minister of Education;
2011-11-23 Motion to extend time, to serve and file the intervener's factum to Nov. 23/11 and, pursuant to R. 71(3), to present oral argument at the hearing of the appeal, Completed on: 2011-11-23 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2011-11-23 Intervener's book of authorities, Completed on: 2011-11-23 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2011-11-23 Intervener's factum, Completed on: 2011-11-23 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2011-11-23 Correspondence received from, Howard P. Knopf dated Nov 23, 2011 re:request for oral argument Centre for Innovation Law and Policy of the Faculty of Law University of Toronto
2011-11-22 Correspondence received from, Fasken Martineau by fax, re.: request for reserved seats at the hearing Province of Alberta as represented by the Minister of Education;
2011-11-22 Notice of appearance, Casey M. Chisick, Timothy Pinos and Jason Beitchman will be appearing CMRRA-SODRAC Inc.
2011-11-22 Notice of appearance, Barry Sookman and Daniel Glover will be appearing Canadian Publishers' Council, Association of Canadian Publishers, and Canadian Educational Resources Council
2011-11-22 Notice of appearance, Wendy Matheson, Andrew Bernstein and Alexandra Peterson will be appearing Canadian Association of University Teachers and Canadian Federation of Students
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 Correspondence received from, Osler by e-mail, re.: request for 3 reserved seats at the hearing Canadian Association of University Teachers and Canadian Federation of Students
2011-11-22 Correspondence received from, McCarthy Tétrault by fax, re.: request for 3 reserved seats at the hearing Canadian Publishers' Council, Association of Canadian Publishers, and Canadian Educational Resources Council
2011-11-22 Correspondence received from, Cassels Brock by fax, re.: request for 1reserved seat at the hearing CMRRA-SODRAC Inc.
2011-11-22 Correspondence received from, Ms. Perron rec'd by e-mail re: change of sollicitor Canadian Copyright Licensing Agency Operating as "Access Copyright"
2011-11-22 Order by, De, FURTHER TO THE ORDER dated October 4, 2011, granting leave to intervene to the Canadian Publishers' Council, Association of Canadian Publishers and Canadian Educational Resources Council, the Canadian Association of University Teachers and Canadian Federation of Students, the Association of Universities and Colleges of Canada and Association of Canadian Community Colleges, the CMRRA-SODRAC Inc., the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the Canadian Authors Association, Canadian Freelance Union, Canadian Society of Children's Authors, Illustrators and Performers, League of Canadian Poets, Literary Translators' Association of Canada, Playwrights Guild of Canada, Professional Writers Association of Canada and Writers Union of Canada and the Centre for Innovation Law and Policy of the Faculty of Law University of Toronto;
IT IS HEREBY FURTHER ORDERED THAT only the CMRRA-SODRAC Inc., the group of the Canadian Publishers' Council, Association of Canadian Publishers and Canadian Educational Resources Council and the group of the Association of Universities and Colleges of Canada and Association of Canadian Community Colleges are granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal
Allowed in part
2011-11-21 Notice of appearance, Howard P. Knopf and Ariel Katz will be appearing Centre for Innovation Law and Policy of the Faculty of Law University of Toronto
2011-11-21 Notice of appearance, Marcus Klee will be appearing Association of Universities and Colleges of Canada and Association of Canadian Community Colleges
2011-11-21 Intervener's book of authorities, Vol. 1 and 2 - new cd requested, Incomplete Canadian Publishers' Council, Association of Canadian Publishers, and Canadian Educational Resources Council
2011-11-21 Intervener's factum, Form missing, Incomplete Canadian Publishers' Council, Association of Canadian Publishers, and Canadian Educational Resources Council
2011-11-21 Intervener's book of authorities, Completed on: 2011-11-21 Canadian Authors Association, Canadian Freelance Union, Canadian Society of Children's Authors, Illustrators and Performers, League of Canadian Poets, Literary Translators' Association of Canada, Playwrights Guild of Canada
2011-11-21 Intervener's factum, Completed on: 2011-11-21 Canadian Authors Association, Canadian Freelance Union, Canadian Society of Children's Authors, Illustrators and Performers, League of Canadian Poets, Literary Translators' Association of Canada, Playwrights Guild of Canada
2011-11-21 Intervener's book of authorities, Completed on: 2011-11-21 Centre for Innovation Law and Policy of the Faculty of Law University of Toronto
2011-11-21 Intervener's factum, Completed on: 2011-11-25 Centre for Innovation Law and Policy of the Faculty of Law University of Toronto
2011-11-21 Intervener's book of authorities, Completed on: 2011-11-21 CMRRA-SODRAC Inc.
2011-11-21 Intervener's factum, Completed on: 2011-11-21 CMRRA-SODRAC Inc.
2011-11-21 Intervener's book of authorities, Completed on: 2011-11-21 Canadian Association of University Teachers and Canadian Federation of Students
2011-11-21 Intervener's factum, Completed on: 2011-11-21 Canadian Association of University Teachers and Canadian Federation of Students
2011-11-21 Intervener's book of authorities, Completed on: 2011-11-21 Association of Universities and Colleges of Canada and Association of Canadian Community Colleges
2011-11-21 Intervener's factum, Completed on: 2011-11-21 Association of Universities and Colleges of Canada and Association of Canadian Community Colleges
2011-11-21 Correspondence received from, Osler by fax, re.: request for 4 reserved seats at the hearing Association of Universities and Colleges of Canada and Association of Canadian Community Colleges
2011-11-17 Correspondence received from, Sally Gomery by fax, re.: request for 3 reserved seats at the hearing Canadian Copyright Licensing Agency Operating as "Access Copyright"
2011-10-28 Order on motion to file a reply factum on appeal, (included in motion book)
2011-10-28 Decision on the motion to file a reply factum on appeal, Ro, The appellants are granted permission to file a reply factum to the interventions not to exceed 5 pages in length on or before November 28, 2011
Granted
2011-10-28 Submission of motion to file a reply factum on appeal, Ro
2011-10-19 Motion to file a reply factum on appeal, (bookform), Completed on: 2011-10-19 Province of Alberta as represented by the Minister of Education;
2011-10-05 Response to the motion for leave to intervene, (Letter Form), (by fax) from D. Collier dated October 4, 2011, Completed on: 2011-10-05 Canadian Copyright Licensing Agency Operating as "Access Copyright"
2011-10-05 Appeal perfected for hearing
2011-10-04 Decision on motion to extend time, Ro
Granted, no order as to costs
2011-10-04 Submission of motion to extend time, Ro
2011-10-04 Order on motion for leave to intervene, (BY ROTHSTEIN J.)
2011-10-04 Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Canadian Publishers' Council, Association of Canadian Publishers and Canadian Educational Resources Council, the Canadian Association of University Teachers and Canadian Federation of Students, the Association of Universities and Colleges of Canada and Association of Canadian Community Colleges, the CMRRA-SODRAC Inc. and the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic for leave to intervene in the above appeal;
AND UPON APPLICATIONS by the Canadian Authors Association, Canadian Freelance Union, Canadian Society of Children's Authors, Illustrators and Performers, League of Canadian Poets, Literary Translators' Association of Canada, Playwrights Guild of Canada, Professional Writers Association of Canada and Writers Union of Canada and the Centre for Innovation Law and Policy of the Faculty of Law University of Toronto for an extension of time to apply for leave to intervene and 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 Canadian Publishers' Council, Association of Canadian Publishers and Canadian Educational Resources Council, the Canadian Association of University Teachers and Canadian Federation of Students, the Association of Universities and Colleges of Canada and Association of Canadian Community Colleges, the CMRRA-SODRAC Inc. and the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic are granted and the said five groups of interveners shall each be entitled to each serve and file a factum not to exceed 10 pages in length on or before November 21, 2011.
The motions for an extension of time to apply for leave to intervene and for leave to intervene of the Canadian Authors Association, Canadian Freelance Union, Canadian Society of Children's Authors, Illustrators and Performers, League of Canadian Poets, Literary Translators' Association of Canada, Playwrights Guild of Canada, Professional Writers Association of Canada and Writers Union of Canada and the Centre for Innovation Law and Policy of the Faculty of Law University of Toronto are granted and the said two groups of interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before November 21, 2011.
To the extent that the interests are similar, interveners shall consult to avoid repetition.
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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention.
IT IS FURTHER HEREBY ORDERED THAT:
The respondent is granted permission to file a reply factum to the interventions not to exceed 5 pages in length on or before November 28, 2011
Granted
2011-10-04 Submission of motion for leave to intervene, Ro
2011-10-04 Reply to the motion for leave to intervene, (Letter Form), from Howard Knopf dated Oct. 4/11 (to Mr. Collier's respondent letter dated Sept. 30/11), Completed on: 2011-10-04 Centre for Innovation Law and Policy of the Faculty of Law University of Toronto
2011-10-04 Reply to the motion for leave to intervene, (Letter Form), from Howard Knopf dated Oct. 4/11 (to appellants), Completed on: 2011-10-04 Centre for Innovation Law and Policy of the Faculty of Law University of Toronto
2011-10-03 Respondent's book of authorities, Completed on: 2011-10-03 Canadian Copyright Licensing Agency Operating as "Access Copyright"
2011-10-03 Respondent's record, Completed on: 2011-10-03 Canadian Copyright Licensing Agency Operating as "Access Copyright"
2011-10-03 Respondent's factum, Completed on: 2011-10-03 Canadian Copyright Licensing Agency Operating as "Access Copyright"
2011-09-30 Response to the motion for leave to intervene, (Letter Form), (motion of Center for Innovation Law) from D. Collier dated September 30, 2011 (original rec'd Oct. 3/11), Completed on: 2011-09-30 Canadian Copyright Licensing Agency Operating as "Access Copyright"
2011-09-30 Response to the motion for leave to intervene, (Letter Form), (motion of the Canadian Authors Assocation) from D. Collier dated September 30, 2011 (original rec'd Oct. 3/11), Completed on: 2011-09-30 Canadian Copyright Licensing Agency Operating as "Access Copyright"
2011-09-29 Intervener's book of authorities, (on motion), Completed on: 2011-09-29 Province of Alberta as represented by the Minister of Education;
2011-09-29 Response to the motion for leave to intervene, (bookform), Completed on: 2011-09-29 Province of Alberta as represented by the Minister of Education;
2011-09-29 Reply to the motion for leave to intervene, (Letter Form), from C. Chisick dated September 29, 2011, Completed on: 2011-09-29 CMRRA-SODRAC Inc.
2011-09-29 Reply to the motion for leave to intervene, (bookform), Completed on: 2011-09-29 Canadian Authors Association, Canadian Freelance Union, Canadian Society of Children's Authors, Illustrators and Performers, League of Canadian Poets, Literary Translators' Association of Canada, Playwrights Guild of Canada
2011-09-27 Reply to the motion for leave to intervene, Completed on: 2011-09-27 Canadian Publishers' Council, Association of Canadian Publishers, and Canadian Educational Resources Council
2011-09-26 Reply to the motion for leave to intervene, (Letter Form), from G. Bloom dated September 26, 2011, Completed on: 2011-09-26 Association of Universities and Colleges of Canada and Association of Canadian Community Colleges
2011-09-26 Reply to the motion for leave to intervene, (Letter Form), from Andrew Bernstein dated Sept. 26/11, Completed on: 2011-09-26 Canadian Association of University Teachers and Canadian Federation of Students
2011-09-23 Response to the motion for leave to intervene, (by the CMRRA-SODRAC Inc.) (bookform), Completed on: 2011-09-23 Province of Alberta as represented by the Minister of Education;
2011-09-23 Response to the motion for leave to intervene, (by Canadian Authors Ass. et al) (bookform), Completed on: 2011-09-23 Province of Alberta as represented by the Minister of Education;
2011-09-23 Response to the motion for leave to intervene, (by Canadian Publishers' Council, Association et al) (bookform), Completed on: 2011-09-23 Province of Alberta as represented by the Minister of Education;
2011-09-20 Motion for leave to intervene, Bookform, motion for an extension of time included, original affidavit of A. Katz filed September 21, Completed on: 2011-09-20 Centre for Innovation Law and Policy of the Faculty of Law University of Toronto
2011-09-20 Motion to extend time, to file an application for leave to intervene bookform, included in the application for leave to intervene, Completed on: 2011-09-20 Centre for Innovation Law and Policy of the Faculty of Law University of Toronto
2011-09-16 Response to the motion for leave to intervene, (Letter Form), from M.D. Collier dated September 16, 2011 re: response to all interveners' motion except Canadian Authors Association et al., Completed on: 2011-09-16 Canadian Copyright Licensing Agency Operating as "Access Copyright"
2011-09-14 Motion to extend time, to file a motion for leave to intervene, Completed on: 2011-09-14 Canadian Authors Association, Canadian Freelance Union, Canadian Society of Children's Authors, Illustrators and Performers, League of Canadian Poets, Literary Translators' Association of Canada, Playwrights Guild of Canada
2011-09-14 Motion for leave to intervene, Bookform, see extension of time filed seperately, Completed on: 2011-09-14 Canadian Authors Association, Canadian Freelance Union, Canadian Society of Children's Authors, Illustrators and Performers, League of Canadian Poets, Literary Translators' Association of Canada, Playwrights Guild of Canada
2011-09-12 Intervener's book of authorities, on motion, Completed on: 2011-09-12 CMRRA-SODRAC Inc.
2011-09-12 Motion for leave to intervene, Bookform, Completed on: 2011-09-12 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2011-09-12 Motion for leave to intervene, Bookform, Completed on: 2011-09-20 CMRRA-SODRAC Inc.
2011-09-12 Motion for leave to intervene, Bookform, Completed on: 2011-09-12 Association of Universities and Colleges of Canada and Association of Canadian Community Colleges
2011-09-12 Intervener's book of authorities, on motion, Completed on: 2011-09-12 Canadian Publishers' Council, Association of Canadian Publishers, and Canadian Educational Resources Council
2011-09-12 Motion for leave to intervene, Bookform, Fee missing, rec'd September 28, 2011, Completed on: 2011-09-28 Canadian Publishers' Council, Association of Canadian Publishers, and Canadian Educational Resources Council
2011-09-09 Motion for leave to intervene, Bookform, Completed on: 2011-09-09 Canadian Association of University Teachers and Canadian Federation of Students
2011-08-29 Notice of hearing sent to parties
2011-08-15 Appellant's record, (2 volumes), Completed on: 2011-08-15 Province of Alberta as represented by the Minister of Education;
2011-08-15 Appellant's book of authorities, Completed on: 2011-08-15 Province of Alberta as represented by the Minister of Education;
2011-08-15 Appellant's factum, Completed on: 2011-08-15 Province of Alberta as represented by the Minister of Education;
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
2011-06-07 Correspondence received from, Sally Gomery dated June 6, 2011. Re: Sally Gomery of Norton Rose OR LLP will be acting as agent for the respondent Canadian Copyright Licensing Agency Operating as "Access Copyright"
2011-06-06 Notice of appeal, CD missing - Rec'd on June 15, 2011, Completed on: 2011-06-15 Province of Alberta as represented by the Minister of Education;
2011-06-01 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2011-05-31 Correspondence received from, From Sally Gomery dated May 31, 2011. RE: Ogilvy Renault LLP will be known as Norton Rose OR LLP as of June 1, 2011 Canadian Copyright Licensing Agency Operating as "Access Copyright"
2011-05-06 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-05-06 Judgment on leave sent to the parties
2011-05-05 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-302-09, 2010 FCA 198, dated July 23, 2010, is granted with costs in the cause.
Granted, with costs in the cause
2011-03-21 All materials on application for leave submitted to the Judges, CJ Abe Cro
2010-11-08 Applicant's reply to respondent's argument, Proof of service missing - Rec'd on November 19, 2010, Completed on: 2010-11-19 Province of Alberta as represented by the Minister of Education;
2010-10-28 Respondent's response on the application for leave to appeal, Completed on: 2010-10-28 Canadian Copyright Licensing Agency Operating as "Access Copyright"
2010-10-05 Letter acknowledging receipt of a complete application for leave to appeal
2010-09-29 Book of authorities Province of Alberta as represented by the Minister of Education;
2010-09-29 Application for leave to appeal, proof of service missing-rec'd by e-mail Oct. 5, 2010, Completed on: 2010-10-05 Province of Alberta as represented by the Minister of Education;

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Province of Alberta as represented by the Minister of Education; Appellant Active
Province of British Columbia as represented by the Minister of Education; Province of Manitoba as represented by the Minister of Education, Citizenship and Youth; Province of New Brunswick as represented by the Minister of Education; Appellant Active
Province of Newfoundland and Labrador as represented by the Minister of Education; Northwest Territories as represented by the Minister of Education, Culture and Employment; Province of Nova Scotia as represented by the Minister of Education; Appellant Active
Territory of Nunavut as represented by the Minister of Education; Province of Ontario as represented by the Minister of Education; Province of Prince Edward Island as represented by the Minister of Education; Appellant Active
Province of Saskatchewan as represented by the Minister of Education; Yukon Territory as represented by the Minister of Education; Airy and Sabine District School Area Board; Algoma District School Board; Appellant Active
Algonquin and Lakeshore Catholic District School Board; Asquith-Garvey District School Board; Appellant Active
Atikokan Roman Catholic Separate School Board; Avon Maitland District School Board; Bloorview MacMillan School Authority; Bluewater District School Board; Brant Haldimand Norfolk Catholic District School Board; Appellant Active
Bruce-Grey Catholic District School Board; Campbell Children's School Authority; Caramat District School Area Board; Catholic District School Board of Eastern Ontario; Collins District School Area Board; Connell and Ponsford District School Area Board; Appellant Active
Conseil des écoles catholiques du Centre-Est de l'Ontario; Conseil des écoles publiques de l'Est de l'Ontario; Conseil des écoles séparées catholiques de Dubreuilville; Conseil des écoles séparées catholiques de Foleyet; Appellant Active
Conseil scolaire de district catholique Centre-Sud; Conseil scolaire de district catholique de l'Est Ontarien; Conseil scolaire de district catholique des Aurores Boréales; Conseil scolaire de district catholique des Grandes Rivières; Appellant Active
Conseil scolaire de district catholique du Nouvel-Ontario; Conseil scolaire de district catholique Franco-Nord; Conseil scolaire de district des écoles catholiques de Sud-Ouest; Conseil scolaire de district du Centre Sud-Ouest; Appellant Active
Conseil scolaire de district du Grand Nord de l'Ontario; Conseil scolaire de district du Nord-Est de l'Ontario; District School Board of Niagara; District School Board Ontario North East; Dufferin-Peel Catholic District School Board; Appellant Active
Durham Catholic District School Board; Durham District School Board; Foleyet District School Area Board; Gogama District School Area Board; Gogama Roman Catholic Separate School Board; Grand Erie District School Board; Appellant Active
Greater Essex County District School Board; Halton Catholic District School Board; Halton District School Board; Hamilton-Wentworth Catholic District School Board; Hamilton-Wentworth District School Board; Hastings & Prince Edward District School Board; Appellant Active
Hornepayne Roman Catholic Separate School Board; Huron Perth Catholic District School Board; Huron-Superior Catholic District School Board; James Bay Lowlands Secondary School Board; Kawartha Pine Ridge District School Board; Appellant Active
Keewatin-Patricia District School Board; Kenora Catholic District School Board; Lakehead District School Board; Lambton Kent District School Board; Limestone District School Board; Missarenda District School Area Board; Appellant Active
Moose Factory Island District School Area Board; Moosonee District School Area Board; Moosonee Roman Catholic Separate School Board; Murchison and Lyell District School Area Board; Nakina District School Area Board; Near North District School Board; Appellant Active
Niagara Catholic District School Board; Niagara Peninsula Children's Centre School Authority; Nipissing-Parry Sound Catholic District School Board; Northeastern Catholic District School Board; Northern District School Area Board; Appellant Active
Northwest Catholic District School Board; Ottawa Children's Treatment Centre School Authority; Ottawa-Carleton Catholic District School Board; Ottawa-Carleton District School Board; Parry Sound Roman Catholic Separate School Board; Appellant Active
Peel District School Board; Peterborough Victoria Northumberland and Clarington Catholic District School Board; Rainbow District School Board; Rainy River District School Board; Red Lake Area Combined Roman Catholic Separate School Board; Appellant Active
Renfrew County Catholic District School Board; Renfrew County District School Board; Simcoe County District School Board; Simcoe Muskoka Catholic District School Board; St Clair Catholic District School Board; Sudbury Catholic District School Board; Appellant Active
Superior North Catholic District School Board; Superior-Greenstone District School Board; Thames Valley District School Board; Thunder Bay Catholic District School Board; Toronto Catholic District School Board; Toronto District School Board; Appellant Active
Trillium Lakelands District School Board; Upper Canada District School Board; Upper Grand District School Board; Upsala District School Area Board; Waterloo Catholic District School Board; Waterloo Region District School Board; Appellant Active
Wellington Catholic District School Board; Windsor-Essex Catholic District School Board; York Catholic District School Board; and York Region District School Board Appellant Active

v.

Main parties - Respondents
Name Role Status
Canadian Copyright Licensing Agency Operating as "Access Copyright" Respondent Active

Other parties

Other parties
Name Role Status
Canadian Publishers' Council, Association of Canadian Publishers, and Canadian Educational Resources Council Intervener Active
Canadian Association of University Teachers and Canadian Federation of Students Intervener Active
Association of Universities and Colleges of Canada and Association of Canadian Community Colleges Intervener Active
CMRRA-SODRAC Inc. Intervener Active
Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic Intervener Active
Canadian Authors Association, Canadian Freelance Union, Canadian Society of Children's Authors, Illustrators and Performers, League of Canadian Poets, Literary Translators' Association of Canada, Playwrights Guild of Canada Intervener Active
Professional Writers Association of Canada and Writers Union of Canada Intervener Active
Centre for Innovation Law and Policy of the Faculty of Law University of Toronto Intervener Active

Counsel

Party: Province of Alberta as represented by the Minister of Education;

Counsel
James Aiden O'Neill
Wamda Noel
Ariel A. Thomas
Fasken Martineau DuMoulin LLP
1300-55 Metcalfe
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423

Party: Province of British Columbia as represented by the Minister of Education; Province of Manitoba as represented by the Minister of Education, Citizenship and Youth; Province of New Brunswick as represented by the Minister of Education;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Province of Newfoundland and Labrador as represented by the Minister of Education; Northwest Territories as represented by the Minister of Education, Culture and Employment; Province of Nova Scotia as represented by the Minister of Education;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Territory of Nunavut as represented by the Minister of Education; Province of Ontario as represented by the Minister of Education; Province of Prince Edward Island as represented by the Minister of Education;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Province of Saskatchewan as represented by the Minister of Education; Yukon Territory as represented by the Minister of Education; Airy and Sabine District School Area Board; Algoma District School Board;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Atikokan Roman Catholic Separate School Board; Avon Maitland District School Board; Bloorview MacMillan School Authority; Bluewater District School Board; Brant Haldimand Norfolk Catholic District School Board;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Bruce-Grey Catholic District School Board; Campbell Children's School Authority; Caramat District School Area Board; Catholic District School Board of Eastern Ontario; Collins District School Area Board; Connell and Ponsford District School Area Board;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Conseil des écoles catholiques du Centre-Est de l'Ontario; Conseil des écoles publiques de l'Est de l'Ontario; Conseil des écoles séparées catholiques de Dubreuilville; Conseil des écoles séparées catholiques de Foleyet;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Conseil scolaire de district catholique Centre-Sud; Conseil scolaire de district catholique de l'Est Ontarien; Conseil scolaire de district catholique des Aurores Boréales; Conseil scolaire de district catholique des Grandes Rivières;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Conseil scolaire de district du Grand Nord de l'Ontario; Conseil scolaire de district du Nord-Est de l'Ontario; District School Board of Niagara; District School Board Ontario North East; Dufferin-Peel Catholic District School Board;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Durham Catholic District School Board; Durham District School Board; Foleyet District School Area Board; Gogama District School Area Board; Gogama Roman Catholic Separate School Board; Grand Erie District School Board;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Greater Essex County District School Board; Halton Catholic District School Board; Halton District School Board; Hamilton-Wentworth Catholic District School Board; Hamilton-Wentworth District School Board; Hastings & Prince Edward District School Board;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Hornepayne Roman Catholic Separate School Board; Huron Perth Catholic District School Board; Huron-Superior Catholic District School Board; James Bay Lowlands Secondary School Board; Kawartha Pine Ridge District School Board;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Keewatin-Patricia District School Board; Kenora Catholic District School Board; Lakehead District School Board; Lambton Kent District School Board; Limestone District School Board; Missarenda District School Area Board;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Moose Factory Island District School Area Board; Moosonee District School Area Board; Moosonee Roman Catholic Separate School Board; Murchison and Lyell District School Area Board; Nakina District School Area Board; Near North District School Board;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Niagara Catholic District School Board; Niagara Peninsula Children's Centre School Authority; Nipissing-Parry Sound Catholic District School Board; Northeastern Catholic District School Board; Northern District School Area Board;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Northwest Catholic District School Board; Ottawa Children's Treatment Centre School Authority; Ottawa-Carleton Catholic District School Board; Ottawa-Carleton District School Board; Parry Sound Roman Catholic Separate School Board;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Peel District School Board; Peterborough Victoria Northumberland and Clarington Catholic District School Board; Rainbow District School Board; Rainy River District School Board; Red Lake Area Combined Roman Catholic Separate School Board;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Renfrew County Catholic District School Board; Renfrew County District School Board; Simcoe County District School Board; Simcoe Muskoka Catholic District School Board; St Clair Catholic District School Board; Sudbury Catholic District School Board;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Superior North Catholic District School Board; Superior-Greenstone District School Board; Thames Valley District School Board; Thunder Bay Catholic District School Board; Toronto Catholic District School Board; Toronto District School Board;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Trillium Lakelands District School Board; Upper Canada District School Board; Upper Grand District School Board; Upsala District School Area Board; Waterloo Catholic District School Board; Waterloo Region District School Board;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Wellington Catholic District School Board; Windsor-Essex Catholic District School Board; York Catholic District School Board; and York Region District School Board

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Algonquin and Lakeshore Catholic District School Board; Asquith-Garvey District School Board;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Conseil scolaire de district catholique du Nouvel-Ontario; Conseil scolaire de district catholique Franco-Nord; Conseil scolaire de district des écoles catholiques de Sud-Ouest; Conseil scolaire de district du Centre Sud-Ouest;

Counsel
Wanda Noel
5496 Whitewood Avenue
Ottawa, Ontario
K4M 1C7
Telephone: (613) 794-1171
FAX: (613) 692-1735
Email: wanda.noel@bell.net

Party: Canadian Copyright Licensing Agency Operating as "Access Copyright"

Counsel
Claude Brunet
Neil Finkelstein
Norton Rose Canada LLP
1, Place Ville Marie
Bureau 2500
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4554
FAX: (514) 286-5474
Agent
Sally Gomery
Norton Rose Canada LLP
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrose.com

Party: Canadian Publishers' Council, Association of Canadian Publishers, and Canadian Educational Resources Council

Counsel
Barry B. Sookman
Steven G. Mason
Daniel G. C. Glover
McCarthy Tétrault LLP
P.O. Box 48, Suite 4700, T-D Bank Tower
Toronto-Dominion Centre
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7949
FAX: (416) 868-0673
Agent
Colin S. Baxter
Cavanagh Williams Conway Baxter LLP
1111 Prince of Wales Drive
Suite 401
Ottawa, Ontario
K2C 3T2
Telephone: (613) 569-8558
FAX: (613) 569-8668
Email: cbaxter@cwcb-law.com

Party: Canadian Authors Association, Canadian Freelance Union, Canadian Society of Children's Authors, Illustrators and Performers, League of Canadian Poets, Literary Translators' Association of Canada, Playwrights Guild of Canada

Counsel
Marian Hebb
Warren Sheffer
Brendan van Niejenhuis
Hebb & Sheffer
1535A Queen Street West
Toronto, Ontario
M6R 1A7
Telephone: (416) 556-8187
FAX: (866) 400-3215
Agent
Michael J. Sobkin
90 blvd. de Lucerne
Unit #2
Gatineau, Quebec
J9H 7K8
Telephone: (819) 778-7794
FAX: (819) 778-1740
Email: msobkin@sympatico.ca

Party: Professional Writers Association of Canada and Writers Union of Canada

Counsel
Marian Hebb
Hebb & Sheffer
1535A Queen Street West
Toronto, Ontario
M6R 1A7
Telephone: (416) 556-8187
FAX: (866) 400-3215
Agent
Michael J. Sobkin
90 blvd. de Lucerne
Unit #2
Gatineau, Quebec
J9H 7K8
Telephone: (819) 778-7794
FAX: (819) 778-1740
Email: msobkin@sympatico.ca

Party: Canadian Association of University Teachers and Canadian Federation of Students

Counsel
Wendy Matheson
Andrew Bernstein
Alexandra Peterson
Torys LLP
79 Wellington Street West
Suite 3000
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-8133
FAX: (416) 865-7380
Email: wmatheson@torys.com
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: Association of Universities and Colleges of Canada and Association of Canadian Community Colleges

Counsel
Marcus A. Klee
Glen A. Bloom
Osler, Hoskin & Harcourt LLP
1900-340 Albert Street
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 235-7234
FAX: (613) 235-2867
Email: mklee@osler.com
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: CMRRA-SODRAC Inc.

Counsel
Casey M. Chisick
Timothy Pinos
Jason Beitchman
Cassels Brock & Blackwell LLP
Scotia Plaza
2100 - 40 King Street West
Toronto, Ontario
M5H 3C2
Telephone: (416) 869-5403
FAX: (416) 644-9326
Email: cchisick@casselsbrock.com
Agent
Eugene Meehan, Q.C.
McMillan LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: eugene.meehan@mcmillan.ca

Party: Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic

Counsel
David Fewer
Jeremy de Beer
Université d'Ottawa
Centre for Law, Technology and innovation (CIPPIC)
57 Louis Pasteur St.
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 2558
FAX: (613) 562-5417

Party: Centre for Innovation Law and Policy of the Faculty of Law University of Toronto

Counsel
Howard P. Knopf
Ariel Katz
Macera & Jarzyna
427 Laurier Avenue West, Suite 1200
Ottawa, Ontario
K1R 7Y2
Telephone: (613) 238-8173
FAX: (613) 235-2508
Email: howard.knopf@macerajarzyna.com

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Intellectual property — Copyright — Fair dealing — Copyright Board approving tariff that included as remunerable use the photocopying of excerpts primarily from textbooks for use in classroom instruction for students in kindergarten to grade 12 — Whether such copying constitutes fair dealing — Whether the Federal Court of Appeal erred in upholding the Board’s finding that it is the copier’s purpose, and not the user’s purpose, that is the relevant consideration for fair dealing — Whether the Federal Court of Appeal erred in upholding the Board’s decision to look at copying in aggregate, and not individually, in determining fairness — Whether the Federal Court of Appeal erred by not applying the “not restrictive” interpretation that fair dealing warrants under the decision of this Court in CCH v. Law Society of Upper Canada, [2004] 1 S.C.R. 339 — Whether the Federal Court of Appeal erred in applying the standard of reasonableness, and not correctness, in its judicial review — Is there an inconsistency between the Federal Court of Appeal decision in the present case and in Society of Composers, Authors and Music Publishers of Canada v. Bell Canada, 2010 FCA 123, [2010] F.C.J. No. 570 — Sections 29, 29.1 and 29.4 of the Copyright Act, R.S.C. 1985, c. C 42 (the “Act”).

At the respondent’s request, the Copyright Board of Canada certified a tariff that applied to the reproduction of literary, dramatic and artistic works included in books, newspapers and magazines for use in primary and secondary level educational institutions in Canada, outside Quebec. The Board determined that royalties were payable with respect to some of the photocopies made in schools because they did not constitute fair dealing or come under the exception under s. 29.4 of the Act. The applicants applied for judicial review of the Board’s decision. The main issues became whether: i) “multiple copies made for the use of the person making the copies and single or multiple copies made for third parties without their request for the purpose of private study and/or research and/or criticism and/or review” (“category 4 copies”) constituted fair dealing under sections 29 and 29.1 of the Act; and ii) whether the copying was exempt under s. 29.4 of the Act as a “work or other subject matter as required for a test or examination” where the work is not “commercially available in a medium that is appropriate for the purpose”.

The Federal Court of Appeal upheld the Board’s ruling that the category 4 copies were unfair dealing. This was a question of fact for which there had been no reviewable error. However, the appellate court allowed the application for judicial review on the basis that the Board had failed to address an important part of the test under s. 29.4 of the Act.

Lower court rulings

June 26, 2009
Copyright Board Canada

[2009] C.B.C. No. 6

Tariff approved; Board found that category 4 copies were not fair dealing and were not exempt under s. 29.4 of the Act.

July 17, 2009
Copyright Board Canada

[2009] C.B.C. No.6

Tariff approved; Board found that category 4 copies were not fair dealing and were not exempt under s. 29.4 of the Act.

July 23, 2010
Federal Court of Appeal

A-302-09, 2010 FCA 198

Application for judicial review allowed; matter remitted to Board to determine: i) the meaning of words "in a medium appropriate for the purpose" in s. 29.4(3) of the Act; and ii) whether category 4 copies came within that meaning.

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.

Downloadable PDFs

Not available

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.

Downloadable PDFs

Not available

Webcasts

Select format
Select language

Select format
Select language
Date modified: 2025-02-27