Skip to main content
The Supreme Court’s badge designed by Ernest Cormier SUPREME COURT OF CANADA

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.

37863

Keatley Surveying Ltd. v. Teranet Inc.

(Ontario) (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)
2019-09-27 Appeal closed
2019-09-27 Formal judgment sent to the registrar of the court of appeal and all parties
2019-09-27 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-09-26 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Mar, The appeal from the judgment of the Court of Appeal for Ontario, Number C62211, 2017 ONCA 748, dated September 28, 2017, heard on March 29, 2019, is dismissed without costs. It is unnecessary to deal with the cross-appeal.
Dismissed, without costs
2019-07-23 Correspondence received from, (Letter Form), Michael Shortt.
Letter pursuant to Rule 92.1 of the Rules of the Supreme Court of Canada. 		Centre for Intellectual Property Policy and Ariel Katz
2019-04-15 Transcript received, 148 pages
2019-03-29 Judgment reserved OR rendered with reasons to follow
2019-03-29 Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties
2019-03-29 Intervener's condensed book, (Book Form), 14 copies (Submitted in Court) Canadian Standards Association
2019-03-29 Intervener's condensed book, (Book Form), 14 copies (Submitted in Court) Attorney General for Saskatchewan
2019-03-29 Intervener's condensed book, (Book Form), 14 copies (Submitted in Court) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2019-03-29 Intervener's condensed book, (Book Form), 14 copies (Submitted in Court)
 Centre for Intellectual Property Policy and Ariel Katz
2019-03-29 Respondent's condensed book, (Book Form), 14 copies (Submitted in Court)
 Teranet Inc.
2019-03-29 Appellant's condensed book, (Book Form), 14 copies (Submitted in Court) Keatley Surveying Ltd.
2019-03-29 Hearing of the appeal, 2019-03-29, CJ Abe Mo Ka Côt Br Mar
Judgment reserved
2019-03-28 Correspondence received from, (Letter Form), 2 additional reserved seats requested Keatley Surveying Ltd.
2019-03-26 Correspondence received from, (Letter Form), 1 reserved seat requested. Attorney General of Ontario
2019-03-25 Correspondence received from, (Included in the notice of appearance), 4 reserved seats requested Keatley Surveying Ltd.
2019-03-25 Notice of appearance, (Letter Form), Luciana P. Brasil, Michael Sobkin and Avichay Sharon will be present at the hearing. Ms. Brasil will present oral arguments. Keatley Surveying Ltd.
2019-03-25 Correspondence received from, (Letter Form), 6 reserved seats requested Centre for Intellectual Property Policy and Ariel Katz
2019-03-25 Correspondence received from, (Book Form), 4 reserved seats requested Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2019-03-21 Notice of appearance, (Letter Form), Julie Parla and Barry Sookman will present oral arguments. Teranet Inc.
2019-03-19 Correspondence received from, (Letter Form), 4 reserved seats requested Canadian Standards Association
2019-03-18 Correspondence received from, (Letter Form), 4 reserved seats requested. Attorney General of Canada
2019-03-15 Correspondence received from, (Letter Form), Proposed order of speaking. Centre for Intellectual Property Policy and Ariel Katz
2019-03-14 Notice of appearance, (Letter Form), John E. Callaghan and Kevin Sartorio will be present at the hearing. Mr. Callaghan will present oral arguments. Canadian Standards Association
2019-03-13 Notice of appearance, (Letter Form), Robert Janes, Q.C. and Kim Nayyer will be present at the hearing. Mr. Janes will present oral arguments. Canadian Association of Law Libraries
2019-03-13 Correspondence received from, (Letter Form), 6 reserved seats requested Teranet Inc.
2019-03-12 Correspondence received from, (Included in the notice of appearance), 4 reserved seats requested. Canadian Legal Information Institute
2019-03-12 Notice of appearance, (Letter Form), Rahool Agarwal and Khrystina McMillan will be present at the hearing. Mr. Agarwal will present oral arguments. Canadian Legal Information Institute
2019-03-12 Notice of appearance, (Letter Form), F. Paul Morrison, Julie Parla, Barry Sookman, Stephanie Sugar and Hovsep Afarian will be present at the hearing. Mr. Morrison and Ms. Parla will present oral arguments. Teranet Inc.
2019-03-11 Notice of appearance, (Letter Form), Steven Garland, Theodore Sum and Laura Easton will be present at the hearing. Mr. Garland will present oral arguments. Land Title and Survey Authority of British Columbia
2019-03-11 Notice of appearance, (Letter Form), Theodore Litowski will be present at the hearing and will present oral arguments. Attorney General for Saskatchewan
2019-03-05 Notice of appearance, (Letter Form), Jeremy de Beer and David Fewer will be present at the hearing. Mr. de Beer will present oral arguments. Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2019-03-04 Notice of appearance, (Letter Form), Michael Shortt and Jean-Philippe Mikus will be present at the hearing. Mr. Shortt will present oral arguments. Centre for Intellectual Property Policy and Ariel Katz
2019-02-19 Notice of appearance, (Letter Form), Graham J. Underwood and Wes G. Crealock will be present at the hearing. Mr. Underwood will present oral arguments. Attorney General of British Columbia
2019-02-14 Notice of appearance, (Letter Form), Michael S. Dunn and Yashoda Ranganathan will be present at the hearing. Mr. Dunn will present oral arguments. Attorney General of Ontario
2019-02-14 Notice of appearance, (Letter Form), Kathryn Hucal and John Provart will be present at the hearing. Ms. Hucal will present oral arguments. Attorney General of Canada
2019-01-10 Order on motion for leave to intervene, by ABELLA J.
2019-01-10 Decision on the motion for leave to intervene, Abe, UPON APPLICATION by the Canadian Standards Association for an extension of time to serve and file a motion 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 motion for an extension of time is granted.
The motion for leave to intervene is granted and the factum of the said intervener which was served and filed on December 21, 2018, is accepted for filing.
The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The intervener is not 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 respondent any additional disbursements resulting from its intervention.
Granted, no order as to costs
2019-01-10 Submission of motion for leave to intervene, Abe
2019-01-10 Order on motion to extend time, by ABELLA J.
2019-01-10 Decision on motion to extend time, See judgment on motion for leave to intervene, Abe
Granted, no order as to costs
2019-01-10 Submission of motion to extend time, Abe
2019-01-09 Appeal perfected for hearing
2019-01-07 Respondent's book of authorities, (Book Form), for reply factum, Completed on: 2019-01-07 Teranet Inc.
2019-01-07 Reply factum on appeal, (Book Form), Reply to Interveners, Completed on: 2019-01-07 Teranet Inc.
2019-01-07 Appellant's book of authorities, (Book Form), for reply factum, Completed on: 2019-01-07 Keatley Surveying Ltd.
2019-01-07 Reply factum on appeal, (Book Form), Reply to the Interveners, Completed on: 2019-01-07 Keatley Surveying Ltd.
2019-01-03 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-01-03 Keatley Surveying Ltd.
2018-12-21 Intervener's factum, (Book Form), Completed on: 2018-12-21 Canadian Standards Association
2018-12-21 Respondent's factum - cross appeal, (Book Form), Completed on: 2018-12-21 Keatley Surveying Ltd.
2018-12-20 Notice of name, (Letter Form) Canadian Standards Association
2018-12-19 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-12-19 Teranet Inc.
2018-12-18 Intervener's factum, (Book Form), Completed on: 2018-12-18 Canadian Legal Information Institute
2018-12-18 Intervener's factum, (Book Form), Completed on: 2018-12-18 Attorney General of British Columbia
2018-12-18 Intervener's book of authorities, (Book Form), Completed on: 2018-12-18 Attorney General for Saskatchewan
2018-12-18 Intervener's factum, (Book Form), Completed on: 2018-12-18 Attorney General for Saskatchewan
2018-12-18 Intervener's book of authorities, (Book Form), Completed on: 2018-12-18 Land Title and Survey Authority of British Columbia
2018-12-18 Intervener's factum, (Book Form), Completed on: 2018-12-18 Land Title and Survey Authority of British Columbia
2018-12-18 Intervener's book of authorities, (Book Form), Completed on: 2018-12-18 Canadian Association of Law Libraries
2018-12-18 Intervener's factum, (Book Form), Completed on: 2018-12-18 Canadian Association of Law Libraries
2018-12-18 Intervener's book of authorities, (Book Form), Completed on: 2018-12-18 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-12-18 Intervener's factum, (Book Form), Completed on: 2018-12-18 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-12-18 Intervener's book of authorities, (Book Form), Completed on: 2018-12-18 Centre for Intellectual Property Policy and Ariel Katz
2018-12-18 Intervener's factum, (Book Form), Completed on: 2018-12-18 Centre for Intellectual Property Policy and Ariel Katz
2018-12-18 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), to serve and file a motion for leave to intervene, Completed on: 2018-12-18 Canadian Standards Association
2018-12-18 Motion for leave to intervene, (Book Form), MISSING: notice of name (received 2018-12-20), Completed on: 2018-12-21 Canadian Standards Association
2018-12-17 Notice of hearing sent to parties
2018-12-17 Intervener's book of authorities, (Book Form), Completed on: 2018-12-17 Attorney General of Canada
2018-12-17 Intervener's factum, (Book Form), Completed on: 2018-12-17 Attorney General of Canada
2018-12-10 Certificate of counsel (attesting to record), (Letter Form) Teranet Inc.
2018-12-10 Respondent's book of authorities, (Book Form), (2 volumes), Completed on: 2018-12-10 Teranet Inc.
2018-12-10 Respondent's record, (Book Form), (9 volumes), Completed on: 2018-12-10 Teranet Inc.
2018-12-10 Appellant's factum - cross appeal, (Included in the respondent's factum), Completed on: 2018-12-10 Teranet Inc.
2018-12-10 Respondent's factum, (Book Form), Completed on: 2018-12-10 Teranet Inc.
2018-12-10 Correspondence received from, (Letter Form), Michael Sobkin. RE: Request to change hearing date. Keatley Surveying Ltd.
2018-12-06 Correspondence received from, (Letter Form), Rahool Agarwal. Request to move the hearing date. Canadian Legal Information Institute
2018-12-06 Appeal hearing scheduled, 2019-03-29, (PREVIOUSLY SCHEDULED FOR 2019-02-18)

a) The notices of appeal and cross-appeal shall be served and filed on or before August 21, 2018.

b) The appellant/respondent on cross-appeal’s record, factum on appeal and book of authorities, if any, shall be served and filed on or before September 25, 2018.

a) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before October 23, 2018.


b) The appellant/respondent on cross-appeal and respondent/appellant on cross-appeal shall serve and file their responses, if any, to the motions for leave to intervene on or before November 2, 2018.

c) Replies to any responses to the motions for leave to intervene shall be served and filed on or before November 9, 2018.

d) The Attorney General of Ontario shall serve and file their factum and book of authorities, if any, on or before November 6, 2018.

e) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities, if any, on or before December 18, 2018.


f) The respondent/appellant on cross appeal’s record, factums on appeal and cross-appeal, and book of authorities, if any, shall be served and filed on or before December 10, 2018.


g) The appellant/respondent on cross-appeal’s factum on cross-appeal shall be served and filed on or before December 21, 2018.
Judgment reserved
2018-11-28 Correspondence (sent by the Court) to, the parties. Tentatively scheduled for 2019-02-18.
2018-11-14 Order on motion for leave to intervene, by ABELLA J
2018-11-14 Decision on the motion for leave to intervene, Abe, UPON APPLICATION by the Attorney General of Canada, the Attorney General of British Columbia ,the Attorney General for Saskatchewan, the Land Title and Survey Authority of British Columbia, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the Centre for Intellectual Property Policy and Ariel Katz (jointly), the Canadian Association of Law Libraries, the Canadian Legal Information Institute and the Federation of Law Societies of Canada (jointly) 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 are granted and the said eight (8) interveners or groups of interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before December 18, 2018.
The said interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The appellant and respondent are each permitted to serve and file a single factum not exceeding ten (10) pages in reply to the interventions on or before January 7, 2019.
The interveners are not 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 appellant and respondent any additional disbursements resulting from their interventions.
IT IS HEREBY FURTHER ORDERED THAT:
The Attorney General of Ontario is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
Granted
2018-11-14 Submission of motion for leave to intervene, Abe
2018-11-09 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-13 Centre for Intellectual Property Policy and Ariel Katz
2018-11-09 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-09 Canadian Association of Law Libraries
2018-11-07 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-07 Attorney General for Saskatchewan
2018-11-07 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-06 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-11-05 Certificate (on limitations to public access), (Letter Form), Amended certificate required-rec'd 2018/11/08 Attorney General of Ontario
2018-11-05 Intervener's factum, (Book Form), Completed on: 2018-11-05 Attorney General of Ontario
2018-11-02 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-02 Keatley Surveying Ltd.
2018-11-02 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-02 Teranet Inc.
2018-10-26 Notice of name, (Letter Form) Centre for Intellectual Property Policy and Ariel Katz
2018-10-24 Notice of name, (Letter Form) Land Title and Survey Authority of British Columbia
2018-10-23 Motion for leave to intervene, (Book Form), Proof of service (received 2018-10-25) and notice of name missing (received 2018-10-26)., Completed on: 2018-10-26, (Printed version filed on 2018-10-26) Centre for Intellectual Property Policy and Ariel Katz
2018-10-23 Motion for leave to intervene, (Book Form), (2 volumes), 1 copy missing (received 2018-10-24). Proof of service missing (received 2018-10-24)., Completed on: 2018-10-24 Land Title and Survey Authority of British Columbia
2018-10-23 Notice of name, (Letter Form) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-10-23 Motion for leave to intervene, (Book Form), Completed on: 2018-10-23 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-10-23 Notice of name, (Letter Form) Federation of Law Societies of Canada
2018-10-23 Notice of name, (Letter Form) Canadian Legal Information Institute
2018-10-23 Motion for leave to intervene, (Book Form), join with Federation of Law Societies of Canada., Completed on: 2018-10-23 Canadian Legal Information Institute
2018-10-23 Motion for leave to intervene, (Book Form), Completed on: 2018-10-23 Attorney General for Saskatchewan
2018-10-23 Notice of name, (Letter Form) Canadian Association of Law Libraries
2018-10-23 Motion for leave to intervene, (Book Form), Completed on: 2018-10-30 Canadian Association of Law Libraries
2018-10-22 Motion for leave to intervene, (Book Form), Completed on: 2018-10-22 Attorney General of British Columbia
2018-10-18 Motion for leave to intervene, (Book Form), Completed on: 2018-10-18 Attorney General of Canada
2018-10-12 Correspondence received from, (Letter Form), David Taylor is the new agent for the respondent (instead of Owen M. Rees) Teranet Inc.
2018-09-28 Correspondence received from, (Letter Form), Luciana P. Brasil. Letter with respect to late filing. Keatley Surveying Ltd.
2018-09-27 Certificate of counsel (attesting to record), (Letter Form) Keatley Surveying Ltd.
2018-09-27 Appellant's book of authorities, (Book Form), Completed on: 2018-10-12 Keatley Surveying Ltd.
2018-09-27 Appellant's factum, (Book Form), Completed on: 2018-10-12 Keatley Surveying Ltd.
2018-09-25 Appellant's record, (Book Form), (8 volumes), MISSING: Form 24 (received on 27/09/2018), Completed on: 2018-09-28 Keatley Surveying Ltd.
2018-09-04 Correspondence received from, (Letter Form), Letter to confirm Mr. F. Paul Morrison has left McCarthy Tetrault (new law firm: Miller Thomson LLP) but will continue to be co-counsel for the Respondent Teranet Inc. Teranet Inc.
2018-08-20 Notice of appeal, (Letter Form), Completed on: 2018-08-20 Keatley Surveying Ltd.
2018-08-15 Notice of cross appeal, (Letter Form), Completed on: 2018-08-15 Teranet Inc.
2018-06-28 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-06-22 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-06-22 Judgment on leave sent to the parties
2018-06-21 Judgment of the Court on the application for leave to appeal,
The application for leave to appeal and the application for leave to cross-appeal from the judgment of the Court of Appeal for Ontario, Number C62211, 2017 ONCA 748, dated September 28, 2017, are granted with costs in the cause. The schedule for serving and filing material will be set by the Registrar.
Granted, with costs in the cause
2018-06-21 Judgment of the Court on the application for leave to cross-appeal, See decision on application.
Granted, with costs in the cause
2018-05-14 All material on the application for leave to cross-appeal submitted to the Judges, for consideration by the Court
2018-05-14 All materials on application for leave submitted to the Judges, for consideration by the Court
2018-02-21 Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-02-21 Keatley Surveying Ltd.
2018-02-21 Memorandum of argument in response to the cross-appeal, (Book Form), (Included in the applicant's reply to respondent's argument), Completed on: 2018-02-21 Keatley Surveying Ltd.
2018-01-22 Notice of name, (Letter Form) Teranet Inc.
2018-01-22 Certificate (on limitations to public access), (Letter Form), 23A Teranet Inc.
2018-01-22 General proceeding, (Book Form), Compendium of the Respondent in the Court of Appeal Teranet Inc.
2018-01-22 General proceeding, (Book Form), (2 volumes), Appeal Book and Compendium of the Appellant in the Court of Appeal Teranet Inc.
2018-01-22 Application for leave to cross-appeal, (Book Form), (Included in the respondent's response on the application for leave to appeal), (conditional), Completed on: 2018-01-22 Teranet Inc.
2018-01-22 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-01-22 Teranet Inc.
2018-01-22 Intervener's memorandum of argument on application for leave, (Letter Form), original missing - filed on January 25, 2018., Completed on: 2018-02-08 Attorney General of Ontario
2017-12-04 Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order, FILE OPENED 2017/12/04
2017-11-27 Notice of name, (Letter Form) Keatley Surveying Ltd.
2017-11-27 Certificate (on limitations to public access), (Letter Form) Keatley Surveying Ltd.
2017-11-27 Application for leave to appeal, (Book Form), CA Order missing-rec'd 2017/12/27, Completed on: 2017-12-27 Keatley Surveying Ltd.

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
Keatley Surveying Ltd. Appellant / Respondent on cross-appeal Active

v.

Main parties - Respondents
Name Role Status
Teranet Inc. Respondent / Appellant on cross-appeal Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General of Ontario Intervener Active
Attorney General of British Columbia Intervener Active
Attorney General for Saskatchewan Intervener Active
Canadian Association of Law Libraries Intervener Active
Canadian Legal Information Institute Intervener Active
Federation of Law Societies of Canada Intervener Active
Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic Intervener Active
Land Title and Survey Authority of British Columbia Intervener Active
Centre for Intellectual Property Policy and Ariel Katz Intervener Active
Canadian Standards Association Intervener Active

Counsel

Party: Keatley Surveying Ltd.

Counsel
Luciana P. Brasil
Branch, MacMaster
1410-777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 631-6299
FAX: (604) 684-3429
Email: lbrasil@branmac.com
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

Party: Teranet Inc.

Counsel
Stephanie Sugar
Barry B. Sookman
Julie Parla
Hovsep Afarian
F. Paul Morrison
McCarthy Tétrault LLP
PO Box 48, Suite 5300
Toronto-Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8976
FAX: (416) 868-0673
Email: ssugar@mccarthy.ca
Agent
David P. Taylor
Conway Baxter Wilson LLP
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 691-0368
FAX: (613) 688-0271
Email: dtaylor@conway.pro

Party: Attorney General of Ontario

Counsel
Michael S. Dunn
Yashoda Ranganathan
Attorney General of Ontario
Constitutional Law Branch
720 Bay Street, 4th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4466
FAX: (416) 326-4015
Email: michael.dunn@ontario.ca
Agent
Karen Perron
Borden Ladner Gervais LLP
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com

Party: Attorney General of Canada

Counsel
Kathryn Hucal
John Provart
Attorney General of Canada
130 King Street West
Suite 3400, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 954-0625
FAX: (416) 973-5004
Email: kathryn.hucal@justice.gc.ca
Agent
Christopher Rupar
Department of Justice
50 O'Connor Street
Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Attorney General of British Columbia

Counsel
Graham J. Underwood
Wes G. Crealock
Attorney General of British Columbia
1001 Douglas Street
P.O. Box 9280, Stn Prov Gov't
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8430
FAX: (250) 953-4348
Email: graham.underwood@gov.bc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com

Party: Canadian Association of Law Libraries

Counsel
Robert Janes, Q.C.
Kim Nayyer
JFK Law Corporation
816-1175 Douglas Street
Victoria, British Columbia
V8W 2E1
Telephone: (250) 405-3460
FAX: (250) 381-8567
Email: rjanes@jfklaw.ca
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com

Party: Attorney General for Saskatchewan

Counsel
Theodore Litowski
Ministry of Justice Saskatchewan
Constitutional Law Branch
820-1874 Scarth St.
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-6642
FAX: (306) 787-9111
Email: theodore.litowski@gov.sk.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Canadian Legal Information Institute

Counsel
Rahool P. Agarwal
Fahad Siddiqui
Norton Rose Fulbright Canada LLP
200 Bay Street
Royal Bank Plaza, South Tower, Suite 3800
Toronto, Ontario
M5J 2Z4
Telephone: (416) 216-3943
FAX: (416) 216-3930
Email: rahool.agarwal@nortonrose.com
Agent
Matthew J. Halpin
Norton Rose Fulbright Canada LLP
45 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8654
FAX: (613) 230-5459
Email: matthew.halpin@nortonrosefulbright.com

Party: Federation of Law Societies of Canada

Counsel
Rahool P. Agarwal
Fahad Siddiqui
Norton Rose Fulbright Canada LLP
200 Bay Street
Royal Bank Plaza, South Tower, Suite 3800
Toronto, Ontario
M5J 2Z4
Telephone: (416) 216-3943
FAX: (416) 216-3930
Email: rahool.agarwal@nortonrose.com
Agent
Matthew J. Halpin
Norton Rose Fulbright Canada LLP
45 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8654
FAX: (613) 230-5459
Email: matthew.halpin@nortonrosefulbright.com

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

Counsel
Jeremy de Beer
David Fewer
Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic
University of Ottawa, Faculty of Law, Common Law Section
57 Louis Pasteur Street
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 2553
FAX: (613) 562-5417
Email: jdebeer@uottawa.ca
Agent
Tamir Israel
Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic
University of Ottawa, Faculty of Law, Common Law Section
57 Louis Pasteur Street
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 2914
FAX: (613) 562-5417
Email: tisrael@cippic.ca

Party: Land Title and Survey Authority of British Columbia

Counsel
Theodore W. Sum
Steven Garland
Laura Easton
Matt Campbell
Smart & Biggar
2300 - 1055 West Georgia Street
Vancouver, British Columbia
V6E 3P3
Telephone: (604) 682-7780
FAX: (604) 682-0274
Email: twsum@smart-biggar.ca
Agent
Colin Ingram
Smart & Biggar
900-55 Metcalfe Street
10th Floor
Ottawa, Ontario
K1P 6L5
Telephone: (613) 232-2486
FAX: (613) 232-8440
Email: cbingram@smart-biggar.ca

Party: Centre for Intellectual Property Policy and Ariel Katz

Counsel
Michael Shortt
Jean-Philippe Mikus
Fasken Martineau DuMoulin LLP
800 Square Victoria, Suite 3700
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7400
FAX: (514) 397-7600
Email: mshortt@fasken.com
Agent
Sophie Arseneault
Fasken Martineau DuMoulin LLP
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com

Party: Canadian Standards Association

Counsel
John E. Callaghan
Kevin Sartorio
James Green
Laurent Massam
Gowling WLG (Canada) LLP
Suite 1600, First Canadian Place
100 King Street West
Toronto, Ontario
M5X 1G5
Telephone: (416) 369-6693
FAX: (416) 862-7661
Email: john.callaghan@gowlingwlg.com
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Summary

Keywords

Intellectual property - Copyright - Crown copyright - Infringement - Legislation - Interpretation - Class action for breach of copyright by surveyors whose land surveys were scanned and copied into an online digital database - Does section 12 of the Copyright Act, R.S.C. 1985, c. C-42, transfer copyright in plans of survey that are filed in provincial land registry offices from the surveyor creators to the government.

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.

The respondent manages the Province of Ontario’s electronic land registry system (the “ELRS”). Documents that were prepared by land surveyors such as drawings, maps, charts and plans (collectively “plans of survey”) are registered in the ELRS. The public can obtain on-line copies of registered plans of survey through the respondent for a fee prescribed by statute, no part of which constitutes fees or royalties paid to the land surveyors who prepared them. The appellant is the representative plaintiff in a certified class action brought on behalf of approximately 350 land surveyors whose plans of survey were scanned and copied into the respondent’s digital database and made available on-line. The appellant claims that the respondent is in breach of copyright by reaping substantial profits at the expense of surveyors. The Ontario Superior Court of Justice dismissed the appellant’s motion for summary judgment, granted the respondent’s motion for summary judgment and dismissed the class action. The court found that as a result of the legislative regime requiring registration or deposit of the plans of survey in the land registry office, ownership in the property of the plans of survey, including copyright, is transferred to the province. They are then “published by or under the direction or control of Her Majesty” pursuant to s. 12 of the Copyright Act. The Ontario Court of Appeal dismissed the appeal, holding that provincial Crown copyright is by virtue of s. 12 of Copyright Act, not the provincial legislation.

Lower court rulings

May 6, 2016
Ontario Superior Court of Justice

2016 ONSC 1717, CV-10-414169-CP

Applicant’s motion for summary judgment dismissed; respondent’s motion for summary judgment granted and applicant’s class action dismissed
September 28, 2017
Court of Appeal for Ontario

2017 ONCA 748, C62211

Appeal dismissed; cross-appeal dismissed as moot

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
Date modified: 2025-02-27