Case information

Docket

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

List of proceedings

Date	Proceeding	Filed By (if applicable)
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, Numbers A-519-07 and A-520-07, 2010 FCA 220, dated September 2, 2010, heard on December 6, 2011, is allowed in part. In view of the divided result, each party should bear its own costs. Allowed in part
2011-12-29	Transcript received, (137 pages)
2011-12-06	Judgment reserved OR rendered with reasons to follow
2011-12-06	Hearing of the appeal, 2011-12-06, CJ LeB De F Abe Ro Cro Mo Ka Judgment reserved
2011-12-06	Acknowledgement and consent for video taping of proceedings, All parties consented
2011-12-06	Appellant's condensed book, Filed in Court	Rogers Communications Inc.
2011-12-06	Respondent's condensed book, Joint with 33921 - filed in Court	Society of Composers, Authors and Music Publishers of Canada
2011-12-01	Correspondence received from, J. Kennedy dated December 1, 2011 re: oral arguments	Rogers Communications Inc.
2011-11-22	Correspondence received from, Fasken Martineau by fax, re.: request for reserved seats at the hearing	Rogers Communications Inc.
2011-11-22	Notice of appearance, David Fewer and Jeremy de Beer will be appearing	Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2011-11-22	Notice of appearance, Gerald Kerr-Wilson, Ariel Thomas and Julia Kennedy will be appearing	Rogers Communications Inc.
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, Gilles Daigle, Lynne Watt, Paul Spurgeon and Henry Brown, Q.C. will be appearing	Society of Composers, Authors and Music Publishers of Canada
2011-11-22	Order by, De, (joint with 33921) FURTHER TO THE ORDER dated September 28, 2011, granting leave to intervene to the CMRRA/SODRAC Inc., the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic and the Cineplex Entertainment LP in the appeal of Entertainment Software Association, et al. (33921); AND FURTHER TO THE ORDER dated September 28, 2011, granting leave to intervene to the CMRRA/SODRAC Inc., the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the Cineplex Entertainment LP and Apple Canada Inc. and Apple Inc. in the appeal of Rogers Communications Inc., et al. (33922); IT IS HEREBY FURTHER ORDERED THAT the interveners are denied permission to present oral argument at the hearing of the appeals Dismissed
2011-11-17	Intervener's book of authorities, Completed on: 2011-11-17	Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2011-11-17	Intervener's factum, Completed on: 2011-11-17	Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2011-11-17	Intervener's book of authorities, (Joint authorities to 33921), Completed on: 2011-11-17	CMRRA/SODRAC Inc.
2011-11-17	Intervener's factum, (joint with 33921), Completed on: 2011-11-17	CMRRA/SODRAC Inc.
2011-11-17	Intervener's book of authorities, Completed on: 2011-11-17	Apple Canada Inc. and Apple Inc.
2011-11-17	Intervener's factum, Completed on: 2011-11-17	Apple Canada Inc. and Apple Inc.
2011-11-17	Intervener's book of authorities, Joint with 33921 - Form missing, Incomplete	Cineplex Entertainment LP
2011-11-17	Intervener's factum, Joint with 33921, Incomplete	Cineplex Entertainment LP
2011-11-02	Correspondence received from, Samantha Trottola dated November 2, 2011. Re: Change of address for Gilbert's LLP	Cineplex Entertainment LP
2011-10-19	Correspondence received, From Federal Court of Appeal. Re: Revised version of page 1 of the Judgment.
2011-09-28	Order on motion for leave to intervene, (BY DESCHAMPS J.)
2011-09-28	Decision on the motion for leave to intervene, (joint with 33921), De, UPON APPLICATIONS by CMRRA/SODRAC Inc., Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic and Cineplex Entertainment LP for leave to intervene in the appeal of Entertainment Software Association, et al. (33921); AND UPON APPLICATIONS by CMRRA/SODRAC Inc., Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, Cineplex Entertainment LP and Apple Canada Inc. and Apple Inc. for leave to intervene in the appeal of Rogers Communications Inc., et al. (33922); AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of CMRRA/SODRAC Inc. is granted and the said intervener shall be entitled to serve and file a single factum for both appeals not to exceed 10 pages in length on or before November 17, 2011. The motion for leave to intervene of Cineplex Entertainment LP is granted and the said intervener shall be entitled to serve and file a single factum for both appeals not to exceed 10 pages in length on or before November 17, 2011. The motion for leave to intervene of Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic is granted and the said intervener shall be entitled to serve and file a single factum for both appeals not to exceed 10 pages in length on or before November 17, 2011. The motion for leave to intervene of Apple Canada Inc. and Apple Inc. is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length in the appeal 33922 on or before November 17, 2011. 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 respondents any additional disbursements occasioned to the appellants and respondents by their interventions Granted
2011-09-28	Submission of motion for leave to intervene, De
2011-09-20	Appeal perfected for hearing
2011-09-13	Respondent's record, Completed on: 2011-09-13	Society of Composers, Authors and Music Publishers of Canada
2011-09-13	Respondent's book of authorities, Completed on: 2011-09-13	Society of Composers, Authors and Music Publishers of Canada
2011-09-13	Respondent's factum, word version rec'd Oct. 6/11, Completed on: 2011-10-11	Society of Composers, Authors and Music Publishers of Canada
2011-09-01	Reply to the motion for leave to intervene, (Letter Form), Completed on: 2011-09-01	CMRRA/SODRAC Inc.
2011-08-29	Notice of hearing sent to parties
2011-08-25	Response to the motion for leave to intervene, (Letter Form), from Gerald (Jay) Kerr-Wilson dated Aug. 25/11 (by CMRRA/SODRAC Inc.), Completed on: 2011-08-25	Rogers Communications Inc.
2011-08-22	Response to the motion for leave to intervene, from Matthew Estabrooks dated Aug. 22/11 (by all interveners) (joint with 33921), Completed on: 2011-08-22	Society of Composers, Authors and Music Publishers of Canada
2011-08-16	Motion for leave to intervene, (Joint with 33921), Completed on: 2011-08-16	Cineplex Entertainment LP
2011-08-16	Motion for leave to intervene, Amended certificate of service rec'd Aug. 17/11, Completed on: 2011-08-16	Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2011-08-16	Motion for leave to intervene, Completed on: 2011-08-16	Apple Canada Inc. and Apple Inc.
2011-08-15	Supplemental document, book of authorities in support of the leave to intervene, Completed on: 2011-08-15	CMRRA/SODRAC Inc.
2011-08-15	Motion for leave to intervene, (book form), Completed on: 2011-08-15	CMRRA/SODRAC Inc.
2011-07-22	Appeal hearing scheduled, 2011-12-07, For webcast purposes only - (start time 9:00am)
2011-07-22	Appeal hearing scheduled, 2011-12-06, (start time 9:00am) Judgment reserved
2011-07-19	Appellant's book of authorities, Completed on: 2011-07-19	Rogers Communications Inc.
2011-07-19	Appellant's record, Completed on: 2011-07-19	Rogers Communications Inc.
2011-07-19	Appellant's factum, Form 14 was filed separately, Completed on: 2011-07-19	Rogers Communications Inc.
2011-06-30	Correspondence received, Marie-Josée Montpetit dated June 20, 2011. Re: Revised reasons for judgment of the C/A corrected on June 15, 2011
2011-05-20	Order on motion to add or substitute parties
2011-05-20	Decision on motion to add or substitute parties, F, to add Bell Canada and Telus Communications Company as appellants jointly with Rogers Communications Inc., Rogers Wireless Partnership and Shaw Cablesystems G.P. Granted
2011-05-20	Submission of motion to add or substitute parties, F
2011-05-10	Response to motion to add or substitute parties, Completed on: 2011-05-10	Society of Composers, Authors and Music Publishers of Canada
2011-05-10	Motion to add or substitute parties, Bell Canada and Telus Communications Company as appellants jointly with Rogers Communications Inc., Rogers Wireless Partnership and Shaw Cablesystems G.P. (bookform), Completed on: 2011-05-10	Rogers Communications Inc.
2011-05-05	Correspondence received from, Jay Kerr-Wilson dated May 5/11 re CMRRA/SODRAC Inc. status	Rogers Communications Inc.
2011-05-02	Correspondence received, from Casey M. Chisick dated May 2/11 re CMRRA/SODRAC Inc. is an intervener (joint with 33921)
2011-04-26	Notice of appeal, Completed on: 2011-04-26	Rogers Communications Inc.
2011-04-20	Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2011-03-25	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-03-25	Judgment on leave sent to the parties
2011-03-24	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, Numbers A-519-07 and A-520-07, 2010 FCA 220, dated September 2, 2010, is granted with costs in the cause. The appeal is to be heard with the appeals Society of Composers, Authors and Music Publishers of Canada v. Bell Canada et al. (33800) and Entertainment Software Association and Entertainment Software Association of Canada v. Society of Composers, Authors and Music Publishers of Canada (33921). Granted, with costs in the cause
2011-01-31	All materials on application for leave submitted to the Judges, LeB De Cha
2010-12-13	Applicant's reply to respondent's argument, Completed on: 2010-12-13	Rogers Communications Inc.
2010-12-01	Respondent's response on the application for leave to appeal, Completed on: 2010-12-01	Society of Composers, Authors and Music Publishers of Canada
2010-11-08	Order on miscellaneous motion, (inserted in motion book)
2010-11-08	Decision on the miscellaneous motion, Reg, for an order allowing the applicants to file a single leave application from two judgments of the Federal Court of Appeal file Numbers A-519-07 and A-520-07 Granted
2010-11-08	Submission of miscellaneous motion, Reg
2010-11-05	Letter acknowledging receipt of a complete application for leave to appeal
2010-11-05	Response to miscellaneous motion, Completed on: 2010-11-05	Society of Composers, Authors and Music Publishers of Canada
2010-11-05	Notice of miscellaneous motion, for an order allowing the applicants to file a single leave application from two judgments of the Federal Court of Appeal file Numbers A-519-07 and A-520-07 (bookform), Completed on: 2010-11-05	Rogers Communications Inc.
2010-11-01	Book of authorities	Rogers Communications Inc.
2010-11-01	Application for leave to appeal, Motion to join 2 orders into one application required (rec'd Nov.5/10) Corrected CA Orders rec'd Nov.2/10, Completed on: 2010-11-05	Rogers Communications Inc.

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Rogers Communications Inc.	Appellant	Active
Rogers Wireless Partnership and Shaw Cablesystems G.P.	Appellant	Active
Bell Canada	Appellant	Active
Telus Communications Company	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Society of Composers, Authors and Music Publishers of Canada	Respondent	Active

Other parties

Other parties

Name	Role	Status
CMRRA/SODRAC Inc.	Intervener	Active
Cineplex Entertainment LP	Intervener	Active
Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic	Intervener	Active
Apple Canada Inc. and Apple Inc.	Intervener	Active

Counsel

Summary

Memorandums of argument on application for leave to appeal

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

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

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Factums on appeal

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

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

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Webcasts

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