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.
34210
Re:Sound v. Motion Picture Theatre Associations of Canada, et al.
(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) |
|---|---|---|
| 2013-03-14 | Appeal closed | |
| 2013-03-07 | Discontinuance of the bill of costs | Rogers Communications Inc. |
| 2013-03-07 | Correspondence received from, Marisa Victor by fax, re: costs have been settled | Rogers Communications Inc. |
| 2013-01-10 | Bill of costs, Incomplete | Rogers Communications Inc. |
| 2012-11-27 | Discontinuance of the bill of costs | Canadian Broadcasting Corporation |
| 2012-11-27 | Correspondence received from, Marek Nitoslawski, re: Parties have settled on the Bill of Costs. | Canadian Broadcasting Corporation |
| 2012-11-22 | Response to the bill of costs, (Letter Form), Completed on: 2012-11-22 | Re:Sound |
| 2012-11-09 | Bill of costs, Completed on: 2012-11-09 | Canadian Broadcasting Corporation |
| 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-433-09, 2011 FCA 70, dated February 25, 2011, heard on December 7, 2011, is dismissed with costs. Dismissed, with costs |
|
| 2012-01-03 | Transcript received, (80 pages) | |
| 2011-12-07 | Judgment reserved OR rendered with reasons to follow | |
| 2011-12-07 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2011-12-07 |
Hearing of the appeal, 2011-12-06, CJ LeB De F Abe Ro Cro Mo Ka Judgment reserved |
|
| 2011-12-07 | Respondent's condensed book, Filed in Court | Canadian Association of Broadcasters |
| 2011-12-07 | Respondent's condensed book, Filed in Court | Motion Picture Theatre Associations of Canada |
| 2011-12-07 | Respondent's condensed book, Filed in Court | Rogers Communications Inc. |
| 2011-12-07 | Respondent's condensed book, Filed in Court | Canadian Broadcasting Corporation |
| 2011-12-07 | Appellant's condensed book, Filed in Court | Re:Sound |
| 2011-12-02 | Correspondence received from, Patricia Wilson re: arguments (sent to the judges Dec. 5/11) | Re:Sound |
| 2011-12-02 | Supplemental document, (Authorities), Completed on: 2011-12-02 | Re:Sound |
| 2011-12-01 | Correspondence received from, J. Kennedy dated Dec 1, 2011 re: oral arguments | Motion Picture Theatre Associations of Canada |
| 2011-11-29 | Correspondence received from, P. J. Wilson dated Nov. 29/11 re: confirming that Turner Broadcasting Systems, Inc. is not a respondent in the appeal (by fax) | Re:Sound |
| 2011-11-29 | Supplemental document, (Authorities), Completed on: 2011-11-29 | Re:Sound |
| 2011-11-29 | Correspondence received from, Patricia Wilson, dated Nov. 29, 2011, re.: errors in the Appellant's factum (submitted to Panel Nov. 30, 2011) | Re:Sound |
| 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 November 9, 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 | |
| 2011-11-23 | Response to motion to extend time, emails dated Nov. 22/11 from the main parties consenting, Completed on: 2011-11-23 | Motion Picture Theatre Associations of Canada |
| 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: 2011-11-24 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2011-11-23 | Correspondence received from, J. Kerr-Wilson dated Nov. 22/11 re: minor typo at p. 10 of argument (correction made by hand in factum) (served by fax on all parties) | Canadian Association of Broadcasters |
| 2011-11-23 | Appeal perfected for hearing | |
| 2011-11-22 | Correspondence received from, Fasken Martineau by fax, re.: request for reserved seats at the hearing | Canadian Association of Broadcasters |
| 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, Marek Nitoslawski and Joanie Lapalme will be appearing | Canadian Broadcasting Corporation |
| 2011-11-22 | Notice of appearance, Gerald Kerr-Wilson, Ariel Thomas and Marisa Victor will be appearing | Rogers Communications Inc. |
| 2011-11-22 | Notice of appearance, Mark Hayes and Debra L. Montgomery will be appearing | Canadian Association of Broadcasters |
| 2011-11-22 | Notice of appearance, David W. Kent and Sarah Kilpatrick will be appearing | Motion Picture Theatre Associations of Canada |
| 2011-11-22 | Notice of appearance, David Fewer and Jeremy de Beer will be appearing | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2011-11-21 | Notice of appearance, Mahmud Jamal, Glen Bloom, Marcus Klee and Jason Maclean will be appearing | Re:Sound |
| 2011-11-21 | Correspondence received from, P. J. Wilson dated Nov. 21/11 re: Appellant does not wish to make submissions in response to the letter sent to parties on Nov. 16/11 (by fax) | Re:Sound |
| 2011-11-21 | Correspondence received from, Osler by fax, re.: request for reserved seats at the hearing | Re:Sound |
| 2011-11-21 | Respondent's factum, (revised CD requested - rec'd Nov. 23/11), Completed on: 2011-11-23 | Canadian Association of Broadcasters |
| 2011-11-21 | Correspondence received from, Osler by fax, re.: request for 5 reserved seats at the hearing for both days | Re:Sound |
| 2011-11-18 | Correspondence received from, G. (Jay) Kerr-Wilson dated Nov. 18/11 re: does not wish to make a submission in response to the letter sent to parties on Nov. 16/11 (by fax) | Shaw Communications Inc., Bell Expressvu LLP, Cogeco Cable Inc., Eastlink, Quebecor Media, Telus Communications Company |
| 2011-11-18 | Respondent's book of authorities, (JOINT - 3 volumes), Completed on: 2011-11-18 | Motion Picture Theatre Associations of Canada |
| 2011-11-18 | Respondent's record, (JOINT), Completed on: 2011-11-18 | Motion Picture Theatre Associations of Canada |
| 2011-11-18 | Respondent's factum, Completed on: 2011-11-18 | Canadian Broadcasting Corporation |
| 2011-11-18 | Respondent's factum, Completed on: 2011-11-18 | Rogers Communications Inc. |
| 2011-11-18 | Respondent's factum, Completed on: 2011-11-18 | Motion Picture Theatre Associations of Canada |
| 2011-11-18 | Correspondence received from, Marie-France Major dated October 18, 2011. Re: Requesting 2 reserved seats at the hearing (1 add. seat requested Nov. 18/11), Total: 3 reserved seats | Motion Picture Theatre Associations of Canada |
| 2011-11-16 | Correspondence (sent by the Court) to, all parties re: possible conflict | |
| 2011-11-16 | Correspondence received from, Marek Nitoslawski by fax, re.: request for 4 reserved seats at the hearing | Canadian Broadcasting Corporation |
| 2011-11-09 | Reply to the motion for leave to intervene, (Letter Form), from Andrew Lokan dated Nov. 9/11, Completed on: 2011-11-09 | Canadian Federation of Musicians/Fédération Canadienne des Musiciens, Fédération Internationale des Musiciens/International Federation of Musicians and Canadian Independent Music Association |
| 2011-11-09 | Reply to the motion for leave to intervene, (Letter Form), from Patricia J. Wilson dated Nov. 9/11, Completed on: 2011-11-09 | Re:Sound |
| 2011-11-09 | Order on motion for leave to intervene, (BY DESCHAMPS J.) | |
| 2011-11-09 |
Decision on the motion for leave to intervene, De, UPON APPLICATIONS by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic and the Canadian Federation of Musicians/Fédération Canadienne des Musiciens, Fédération Internationale des Musiciens/International Federation of Musicians and Canadian Independent Music Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before November 21, 2011. The motion for leave to intervene of the Canadian Federation of Musicians/Fédération Canadienne des Musiciens, Fédération Internationale des Musiciens/International Federation of Musicians and Canadian Independent Music Association is dismissed. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener 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 intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by its intervention Allowed in part |
|
| 2011-11-09 | Submission of motion for leave to intervene, De | |
| 2011-11-08 | Response to the motion for leave to intervene, (Letter Form), from David W. Kent dated Nov. 8/11, Completed on: 2011-11-08 | Motion Picture Theatre Associations of Canada |
| 2011-11-08 | Response to the motion for leave to intervene, email from Patricia Wilson dated Nov. 8/11, Completed on: 2011-11-08 | Re:Sound |
| 2011-11-01 | Motion for leave to intervene, book form, Completed on: 2011-11-01 | Canadian Federation of Musicians/Fédération Canadienne des Musiciens, Fédération Internationale des Musiciens/International Federation of Musicians and Canadian Independent Music Association |
| 2011-11-01 | Motion for leave to intervene, book form, Completed on: 2011-11-01 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2011-10-21 | Appellant's book of authorities, (4 volumes), Completed on: 2011-10-21 | Re:Sound |
| 2011-10-21 | Appellant's record, Completed on: 2011-10-21 | Re:Sound |
| 2011-10-21 | Appellant's factum, Completed on: 2011-10-21 | Re:Sound |
| 2011-09-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-09-20 | Judgment on leave sent to the parties | |
| 2011-09-13 | Notice of appeal, Completed on: 2011-09-13 | Re:Sound |
| 2011-09-09 | Appeal hearing scheduled, 2011-12-07, For webcast purposes only - (start time 9:00am) | |
| 2011-09-09 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (Revised Sept. 16/11) | |
| 2011-09-09 |
Appeal hearing scheduled, 2011-12-06, (start time 9:00am) Judgment reserved |
|
| 2011-09-08 |
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-433-09, 2011 FCA 70, dated February 25, 2011, is granted with costs in the cause. This appeal is to be heard with Society of Composers, Authors and Music Publishers of Canada v. Bell Canada, et al. (33800); Province of Alberta as represented by the Minister of Education, et al. v. Canadian Copyright Licensing Agency Operating as “Access Copyright”(33888); Entertainment Software Association, et al. v. Society of Composers, Authors and Music Publishers of Canada (33921) and Rogers Communications Inc., et al. v. Society of Composers, Authors and Music Publishers of Canada (33922). The schedule for serving and filing the material and any application for leave to intervene shall be set by the Registrar. Granted, with costs in the cause |
|
| 2011-08-15 | All materials on application for leave submitted to the Judges, CJ De Cha | |
| 2011-06-08 | Correspondence received from, Patricia Wilson dated June 8, 2011. Re: Paragraph 5 of the applicant's reply | Re:Sound |
| 2011-06-06 | Applicant's reply to respondent's argument, Completed on: 2011-06-06 | Re:Sound |
| 2011-05-26 | Respondent's response on the application for leave to appeal, Joint - Form 25-B received on May 27, 2011, Completed on: 2011-05-26 | Motion Picture Theatre Associations of Canada |
| 2011-05-26 | Respondent's response on the application for leave to appeal, Form 25 B received by agent on May 27 2011, Completed on: 2011-05-27 | Canadian Broadcasting Corporation |
| 2011-04-27 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-04-27 | Book of authorities | Re:Sound |
| 2011-04-26 | Application for leave to appeal, Completed on: 2011-04-26 | Re:Sound |
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 |
|---|---|---|
| Re:Sound | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Motion Picture Theatre Associations of Canada | Respondent | Active |
| Rogers Communications Inc. | Respondent | Active |
| Shaw Communications Inc., Bell Expressvu LLP, Cogeco Cable Inc., Eastlink, Quebecor Media, Telus Communications Company | Respondent | Active |
| Canadian Association of Broadcasters | Respondent | Active |
| Canadian Broadcasting Corporation | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic | Intervener | Active |
Counsel
Party: Re:Sound
Counsel
Glen Bloom
Jason MacLean
Marcus Klee
Box 50, 1 First Canadian Place
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6764
FAX: (416) 862-6666
Email: mjamal@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: Motion Picture Theatre Associations of Canada
Counsel
Sarah Kilpatrick
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario
M5J 2T3
Telephone: (416) 865-7143
FAX: (416) 865-7048
Email: david.kent@mcmillan.ca
Agent
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: marie-france.major@mcmillan.ca
Party: Rogers Communications Inc.
Counsel
Ariel A. Thomas
Marisa Victor
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: jkerrwilson@fasken.com
Party: Shaw Communications Inc., Bell Expressvu LLP, Cogeco Cable Inc., Eastlink, Quebecor Media, Telus Communications Company
Counsel
Ariel A. Thomas
Marisa Victor
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: jkerrwilson@fasken.com
Party: Canadian Association of Broadcasters
Counsel
Debra L. Montgomery
2300 Yonge Street
Box 2397, Suite 2102
Toronto, Ontario
M4P 1E4
Telephone: (416) 966-3529
FAX: (416) 966-3529
Email: mark@hayeselaw.com
Agent
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: jkerrwilson@fasken.com
Party: Canadian Broadcasting Corporation
Counsel
Joanie Lapalme
Tour de la Bourse, bureau 3400
800 Place Victoria
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-4335
FAX: (514) 397-7600
Email: mnitoslawski@mtl.fasken.com
Agent
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: jkerrwilson@fasken.com
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
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 – Legislation – Interpretation – Whether recording artists and record companies, as performers and makers of music, are entitled to equitable remuneration under s. 19 of the Copyright Act, R.S.C. 1985, c. C-42, when their music is played in movies and on television – Whether the definition of “sound recording” in s. 2 of the Copyright Act precludes equitable remuneration under s. 19 for pre-recorded music forming part of a soundtrack.
Re:Sound is a collective society authorized by the Copyright Board of Canada to collect equitable remuneration for the performance in public or communication to the public by telecommunication of published sound recordings of musical works. Its predecessor filed two proposed tariffs for public performance of published sound recordings, and that relate to the use of such sound recordings in movies shown in movie theatres and to the use of the sound recordings in television broadcasts. The respondents objected to the proposed tariffs on the ground that the definition of “sound recording” in the Copyright Act excludes soundtracks from movies and television shows and sought a determination of the following preliminary issue:
Is anyone entitled to equitable remuneration pursuant to section 19 of the Copyright Act, R.C.S. 1985, c. C-42, when a published sound recording is part of the soundtrack that accompanies a motion picture that is performed in public or a television program that is communicated to the public by telecommunication?
The Board answered in the negative and refused to certify the tariffs. The Federal Court of Appeal, on judicial review, upheld the decision.
Lower court rulings
Copyright Board Canada
Tariffs for public performance of published sound recordings as part of movie and television soundtracks struck from proposed statement of royalties
Federal Court of Appeal
A-433-09, 2011 FCA 70
Application for judicial review dismissed
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
Related links
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