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.
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 |
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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 |
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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 |
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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 |
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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 |
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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
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.
Name | Role | Status |
---|---|---|
Canadian Copyright Licensing Agency Operating as "Access Copyright" | Respondent | Active |
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
Wamda Noel
Ariel A. Thomas
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Neil Finkelstein
1, Place Ville Marie
Bureau 2500
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4554
FAX: (514) 286-5474
Agent
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
Steven G. Mason
Daniel G. C. Glover
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
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
Warren Sheffer
Brendan van Niejenhuis
1535A Queen Street West
Toronto, Ontario
M6R 1A7
Telephone: (416) 556-8187
FAX: (866) 400-3215
Agent
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
1535A Queen Street West
Toronto, Ontario
M6R 1A7
Telephone: (416) 556-8187
FAX: (866) 400-3215
Agent
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
Andrew Bernstein
Alexandra Peterson
79 Wellington Street West
Suite 3000
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-8133
FAX: (416) 865-7380
Email: wmatheson@torys.com
Agent
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
Glen A. Bloom
1900-340 Albert Street
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 235-7234
FAX: (613) 235-2867
Email: mklee@osler.com
Agent
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
Timothy Pinos
Jason Beitchman
Scotia Plaza
2100 - 40 King Street West
Toronto, Ontario
M5H 3C2
Telephone: (416) 869-5403
FAX: (416) 644-9326
Email: cchisick@casselsbrock.com
Agent
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
Jeremy de Beer
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
Ariel Katz
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
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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
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.
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.
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.
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