Case information
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36030
Catherine Leuthold v. Canadian Broadcasting Corporation
(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) |
|---|---|---|
| 2015-05-05 | Close file on Leave | |
| 2015-05-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-05-01 | Judgment on leave sent to the parties | |
| 2015-04-30 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgments of the Federal Court of Appeal, Number A-330-12, 2014 FCA 173 and Number A-543-12, 2014 FCA 174, both dated June 27, 2014, is dismissed with costs to the respondent. Dismissed, with costs |
|
| 2015-04-30 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2015-04-13 | Order on miscellaneous motion, (by THE REGISTRAR) | |
| 2015-04-13 |
Decision on the miscellaneous motion, Reg, UPON APPLICATION by the applicant for leave to file one application for leave to appeal from the decisions of the Federal Court of Appeal in file numbers A-330-12 and A-543-12; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2015-04-13 | Submission of miscellaneous motion, Reg | |
| 2015-03-30 | All materials on application for leave submitted to the Judges, Abe Ka Côt | |
| 2015-03-30 | Submission of motion to extend time to file and/ or serve the leave application, Abe Ka Côt | |
| 2015-03-24 | Notice of miscellaneous motion, (Letter Form), Motion allowing the Applicant to file one application for the two Federal Court of Appeal judgments. Original filed March 31, 2015, Completed on: 2015-03-24 | Catherine Leuthold |
| 2015-03-04 | Correspondence received from, Applicant, re: Jerry McIntosh does not need to be added as Respondent. | Catherine Leuthold |
| 2015-02-26 | Correspondence received from, (Letter Form), Applicant, re.:copy of amended reasons and order of the Federal Court of Appeal correcting the style of cause in this matter to include the name of Jerry McIntosh. | Catherine Leuthold |
| 2015-01-26 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-01-26 | Catherine Leuthold |
| 2015-01-14 | Notice of name | Canadian Broadcasting Corporation |
| 2015-01-14 | Certificate (on limitations to public access) | Canadian Broadcasting Corporation |
| 2015-01-14 | Book of authorities, (Book Form) | Canadian Broadcasting Corporation |
| 2015-01-14 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-01-14, (Electronic version filed on 2015-01-14) | Canadian Broadcasting Corporation |
| 2014-12-15 | Order on motion to extend time, (by the Registrar) | |
| 2014-12-15 |
Decision on motion to extend time, Reg, UPON APPLICATION by the respondents, the Canadian Broadcasting Corporation et al., to extend the time to serve and file their response to thirty (30) days from the date of this order; AND THE MATERIAL FILED having been read; AND NOTING the consent of the applicant; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2014-12-15 | Submission of motion to extend time, Reg | |
| 2014-12-03 | Response to motion to extend time, to serve and file the respondents' response(included in the motion) , Completed on: 2014-12-03 | Catherine Leuthold |
| 2014-12-03 | Motion to extend time, (Book Form), to serve and file the response to the application for leave to appeal to 30 days after the order on this motion, Completed on: 2014-12-03 | Canadian Broadcasting Corporation |
| 2014-10-03 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2014-10-03, (Electronic version filed on 2014-10-07) | Catherine Leuthold |
| 2014-09-30 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED SEPTEMBER 30, 2014 | |
| 2014-09-30 | Certificate (on limitations to public access) | Catherine Leuthold |
| 2014-09-30 | Application for leave to appeal, (Book Form), motion to ext. to come - rec'd Oct.3/2014, Completed on: 2014-10-03, (Electronic version filed on 2014-10-01) | Catherine Leuthold |
| 2014-08-27 | Certificate (on limitations to public access) | Catherine Leuthold |
| 2014-08-27 | Notice of application for leave to appeal, (Letter Form), Completed on: 2014-09-30, (Electronic version filed on 2014-09-03) | Catherine Leuthold |
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 |
|---|---|---|
| Leuthold, Catherine | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian Broadcasting Corporation | Respondent | Active |
Counsel
Party: Leuthold, Catherine
Counsel
Île Bizard, Quebec
H9C 1K1
Telephone: (514) 900-7834
FAX: (514) 675-3375
Email: doconnor@danielfoconnor.com
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Canadian Broadcasting Corporation
Counsel
Marc-André Nadon
Amélie Béliveau
Paul Gagnon
Bureau 3700, C.P. 242
800, Place Victoria
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7545
FAX: (514) 397-7600
Email: cleblanc@fasken.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 – Infringement – Evidence – Costs – Interpretation – Section 2.4(1)(c) of the Copyright Act – Whether a transmission of a production undertaking to more than one distribution undertaking results in more than one transmission – In interpreting a licence, whether the subjective testimony of witnesses who are employees of one of the parties should be given full consideration – In considering whether an offer made by a party meets the test of a reasonable compromise, is the compromise between the offer made and the amount awarded in the cause, or between the offer made and the claim of the opposite party? – Whether the costs award is appropriate.
The applicant, a professional photo-journalist, sued the respondent for copyright infringement in respect of the use of five of her photographs in a documentary about the September 11, 2001 attacks on the World Trade Center. She sought damages in the amount of twenty million dollars, and was awarded damages in the amount of $19,200. Notwithstanding her success, she was ordered to pay respondents double costs because she recovered less than the settlement offered by the respondents. The applicant appealed but her appeals were dismissed.
Lower court rulings
Federal Court
T-299-05, 2012 FC 748
Action allowed; respondent ordered to pay damages for six occasions of copyright infringement in the amount of $19,200USD
Federal Court of Appeal
2014 FCA 173, 2014 FCA 174, A-330-12, A-543-12
Appeal from judgment on infringement dismissed
Filed documents
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 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 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
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Related links
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
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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