Docket

35918

Canadian Broadcasting Corporation / Société Radio-Canada v. SODRAC 2003 Inc., et al.

(Federal Court) (Civil) (By Leave)

(Sealing order)

Proceedings
Date Proceeding Filed By
(if applicable)
2015-11-30 Appeal closed
2015-11-27 Formal judgment sent to the registrar of the court of appeal and all parties
2015-11-27 Judgment on appeal and notice of deposit of judgment sent to all parties
2015-11-26 Judgment on the appeal rendered, CJ Abe Ro Cro Mo Ka Wa Ga Côt, The appeal from the judgment of the Federal Court of Appeal, Number A-516-12, 2014 FCA 84, dated March 31, 2014, heard on March 16, 2015, is allowed with costs in this Court and in the Federal Court of Appeal.

The statutory licence issued pursuant to the decision of the Copyright Board in file Nos. 70.02-2008-01 and 70.2-2008-02 is set aside as it relates to the valuation of CBC’s television and Internet broadcast-incidental copies, and the decision is remitted to the Board for reconsideration of that valuation.

The interim licence issued pursuant to the decision of the Copyright Board in file No. 70.2-2012-01 is set aside to the extent that the interim licence fees were based on the valuation of the broadcast-incidental copies in the 2008-2012 statutory licence, and the decision is remitted to the Board for reconsideration consistent with the principles guiding the redetermination of the 2008-2012 licence.

Abella and Karakatsanis JJ. are dissenting.
Allowed, with costs
2015-03-31 Transcript received, 133 pages
2015-03-18 General proceeding, Questionnaire following the hearing SODRAC 2003 Inc.
2015-03-16 General proceeding, (Letter Form), Questionnaire following the hearing Canadian Broadcasting Corporation / Société Radio-Canada
2015-03-16 Judgment reserved OR rendered with reasons to follow
2015-03-16 Hearing of the appeal, 2015-03-16, CJ Abe Ro Cro Mo Ka Wa Ga Côt
Judgment reserved
2015-03-16 Intervener's condensed book, (Book Form), Filed in Court Music Canada, International Federation of the Phonographic Industry, Canadian Council of Music Industry Associations, Canadian Independent Music Association and l'Association Québecoise de l'industrie du disque, du spectacle et de la vidéo
2015-03-16 Intervener's condensed book, (Book Form), Filed in Court Canadian Musical Reproduction Rights Agency Ltd., Canadian Music Publishers Association, and International Confederation of Music Publishers
2015-03-16 Intervener's condensed book, (Book Form), Filed in Court Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2015-03-16 Intervener's condensed book, (Book Form), Filed in Court Centre for Intellectual Property Policy and Ariel Katz
2015-03-16 Respondent's condensed book, (Book Form), Filed in Court SODRAC 2003 Inc.
2015-03-16 Appellant's condensed book, (Book Form), Filed in Court Canadian Broadcasting Corporation / Société Radio-Canada
2015-03-12 Correspondence received from, (Letter Form), 2 reserved seats Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2015-03-12 Notice of appearance, (Letter Form), David Fewer and Jeremy de Beer will be appearing Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2015-03-09 Correspondence received from, (Letter Form), 2 reserved seats Centre for Intellectual Property Policy and Ariel Katz
2015-03-09 Notice of appearance, (Letter Form), Howard Knopf, David Lametti and Ariel Katz will be appearing and Mr. Knopf will make oral argument Centre for Intellectual Property Policy and Ariel Katz
2015-03-06 Correspondence received from, (Letter Form), 2 reserved seats Canadian Musical Reproduction Rights Agency Ltd., Canadian Music Publishers Association, and International Confederation of Music Publishers
2015-03-06 Notice of appearance, (Letter Form), Casey M. Chisick, Peter Henein and Eric Mayzel will be appearing and Mr. Chisick will make oral argument Canadian Musical Reproduction Rights Agency Ltd., Canadian Music Publishers Association, and International Confederation of Music Publishers
2015-03-06 Correspondence received from, 1 reserved seat Music Canada, International Federation of the Phonographic Industry, Canadian Council of Music Industry Associations, Canadian Independent Music Association and l'Association Québecoise de l'industrie du disque, du spectacle et de la vidéo
2015-03-06 Notice of appearance, Barry Sookman and Daniel Glover will be appearing Music Canada, International Federation of the Phonographic Industry, Canadian Council of Music Industry Associations, Canadian Independent Music Association and l'Association Québecoise de l'industrie du disque, du spectacle et de la vidéo
2015-03-06 Appeal perfected for hearing
2015-03-05 Order by, Ro, FURTHER TO THE ORDER dated February 11, 2015, granting leave to intervene to Music Canada, the International Federation of the Phonographic Industry, the Canadian Council of Music Industry Associations, the Canadian Independent Music Association and the Association québécoise de l’industrie du disque, du spectacle et de la vidéo (jointly), the Canadian Musical Reproduction Rights Agency Ltd., the Canadian Music Publishers Association and the International Confederation of Music Publishers (jointly), the Centre for Intellectual Property Policy and Ariel Katz (jointly) and the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2015-03-05 Correspondence received from, (Letter Form), 10 reserved seats requested Canadian Broadcasting Corporation / Société Radio-Canada
2015-03-05 Notice of appearance, (Letter Form), Joanie Lapalme and Marek Nitoslawski will be appearing Canadian Broadcasting Corporation / Société Radio-Canada
2015-03-05 Correspondence received from, (Letter Form), Mr. Knopf re: response to letter of SODRAC 2015-03-04, (Electronic version filed on 2015-03-05) Centre for Intellectual Property Policy and Ariel Katz
2015-03-04 Correspondence received from, (Letter Form), Ms. Matteau re: request to strike new issue filed by the Intervener CIPP-Katz (motion to strike requested - SODRAC will not be filing a motion), (Electronic version filed on 2015-03-04) SODRAC 2003 Inc.
2015-03-02 Notice of appearance, (Letter Form), Colette Matteau and Lisane Bertrand will be appearing SODRAC 2003 Inc.
2015-03-02 Intervener's book of authorities, (Book Form), Vol. 1 and 2, Completed on: 2015-03-02, (Electronic version filed on 2015-03-04) Music Canada, International Federation of the Phonographic Industry, Canadian Council of Music Industry Associations, Canadian Independent Music Association and l'Association Québecoise de l'industrie du disque, du spectacle et de la vidéo
2015-03-02 Intervener's factum, (Book Form), Completed on: 2015-03-17, (Electronic version filed on 2015-03-04) Music Canada, International Federation of the Phonographic Industry, Canadian Council of Music Industry Associations, Canadian Independent Music Association and l'Association Québecoise de l'industrie du disque, du spectacle et de la vidéo
2015-03-02 Intervener's book of authorities, (Book Form), Completed on: 2015-03-02, (Electronic version filed on 2015-03-02) Canadian Musical Reproduction Rights Agency Ltd., Canadian Music Publishers Association, and International Confederation of Music Publishers
2015-03-02 Intervener's factum, (Book Form), Completed on: 2015-03-03, (Electronic version filed on 2015-03-02) Canadian Musical Reproduction Rights Agency Ltd., Canadian Music Publishers Association, and International Confederation of Music Publishers
2015-03-02 Intervener's book of authorities, (Book Form), Completed on: 2015-03-02, (Electronic version filed on 2015-03-02) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2015-03-02 Intervener's factum, (Book Form), Completed on: 2015-03-02, (Electronic version filed on 2015-03-02) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2015-03-02 Intervener's book of authorities, (Book Form), Completed on: 2015-03-03, (Electronic version filed on 2015-03-02) Centre for Intellectual Property Policy and Ariel Katz
2015-03-02 Intervener's factum, (Book Form), Completed on: 2015-03-02, (Electronic version filed on 2015-03-02) Centre for Intellectual Property Policy and Ariel Katz
2015-02-23 Correspondence received from, (Letter Form), Colette Matteau re: filing documets, (Electronic version due on 2015-03-02) SODRAC 2003 Inc.
2015-02-23 Respondent's book of authorities, (Book Form), Vol. 1 and 2, Completed on: 2015-02-23, (Electronic version due on 2015-03-02) SODRAC 2003 Inc.
2015-02-23 Certificate of counsel (attesting to record), (Letter Form), (Electronic version due on 2015-03-02) SODRAC 2003 Inc.
2015-02-23 Respondent's record, (Book Form), Vol. 1 to 9 (Vol. 1, 7, 8 and 9 are SEALED), Completed on: 2015-02-23, (Electronic version due on 2015-03-02) SODRAC 2003 Inc.
2015-02-23 Respondent's factum, (Book Form), SEALED + 2 REDACTED COPIES, Completed on: 2015-02-23, (Electronic version due on 2015-03-02) SODRAC 2003 Inc.
2015-02-23 Certificate (on limitations to public access), (Letter Form), Amended Form 23A rec'd 2015-02-23, (Electronic version filed on 2015-02-24) SODRAC 2003 Inc.
2015-02-17 Correspondence received from, 10 reserved seates requested SODRAC 2003 Inc.
2015-02-11 Order on motion for leave to intervene, (by ROTHSTEIN J.)
2015-02-11 Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by Music Canada, the International Federation of Phonographic Industry, the Canadian Council of Music Industry Associations, the Canadian Independent Music Association and the Association québécoise de l’industrie du disque, du spectacle et de la video (jointly), the Canadian Musical Reproduction Rights Agency Ltd., the Canadian Music Publishers Association and the International Confederation of Music Publishers (jointly), the Centre for Intellectual Property Policy and Ariel Katz (jointly), and the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic 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 Music Canada, the International Federation of Phonographic Industry, the Canadian Council of Music Industry Associations, the Canadian Independent Music Association and the Association québécoise de l’industrie du disque, du spectacle et de la video (jointly), the Canadian Musical Reproduction Rights Agency Ltd., the Canadian Music Publishers Association and the International Confederation of Music Publishers (jointly), the Centre for Intellectual Property Policy and Ariel Katz (jointly) and the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic are granted and the said interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before March 2, 2015.
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 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 respondents any additional disbursements occasioned to the appellant and respondents by their intervention.
Granted
2015-02-11 Submission of motion for leave to intervene, Ro
2015-01-29 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2015-01-29 Music Canada, International Federation of the Phonographic Industry, Canadian Council of Music Industry Associations, Canadian Independent Music Association and l'Association Québecoise de l'industrie du disque, du spectacle et de la vidéo
2015-01-29 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2015-01-29 Centre for Intellectual Property Policy and Ariel Katz
2015-01-29 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2015-01-29 Canadian Musical Reproduction Rights Agency Ltd., Canadian Music Publishers Association, and International Confederation of Music Publishers
2015-01-26 Response to the motion for leave to intervene, (Letter Form), Music Canada, et al., Completed on: 2015-01-26 Canadian Broadcasting Corporation / Société Radio-Canada
2015-01-26 Response to the motion for leave to intervene, (Letter Form), Canadian Musical Reproduction Rights Agency Ltd., Canadian Music Publishers Association, and International Confederation of Music Publishers, Completed on: 2015-01-26 Canadian Broadcasting Corporation / Société Radio-Canada
2015-01-26 Response to the motion for leave to intervene, (Letter Form), Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, et al., Completed on: 2015-01-26 Canadian Broadcasting Corporation / Société Radio-Canada
2015-01-19 Motion for leave to intervene, (Book Form), Originals of each of three affidavits in support included, Completed on: 2015-01-19, (Electronic version filed on 2015-01-20) Canadian Musical Reproduction Rights Agency Ltd., Canadian Music Publishers Association, and International Confederation of Music Publishers
2015-01-19 Motion for leave to intervene, (Book Form), fees to come (rec'd Jan.29/2015), Completed on: 2015-01-29 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2015-01-19 Intervener's book of authorities, (Book Form), on motion (volume II of motion), Completed on: 2015-01-19 Centre for Intellectual Property Policy and Ariel Katz
2015-01-19 Motion for leave to intervene, (Book Form), volume 1, Completed on: 2015-01-19 Centre for Intellectual Property Policy and Ariel Katz
2015-01-16 Notice of name, (Letter Form) Music Canada, International Federation of the Phonographic Industry, Canadian Council of Music Industry Associations, Canadian Independent Music Association and l'Association Québecoise de l'industrie du disque, du spectacle et de la vidéo
2015-01-16 Intervener's book of authorities, (Book Form), on motion, Completed on: 2015-01-16 Music Canada, International Federation of the Phonographic Industry, Canadian Council of Music Industry Associations, Canadian Independent Music Association and l'Association Québecoise de l'industrie du disque, du spectacle et de la vidéo
2015-01-16 Motion for leave to intervene, (Book Form), Completed on: 2015-01-16, (Electronic version filed on 2015-01-16) Music Canada, International Federation of the Phonographic Industry, Canadian Council of Music Industry Associations, Canadian Independent Music Association and l'Association Québecoise de l'industrie du disque, du spectacle et de la vidéo
2014-12-23 Certificate (on limitations to public access) Canadian Broadcasting Corporation / Société Radio-Canada
2014-12-23 Certificate of counsel (attesting to record) Canadian Broadcasting Corporation / Société Radio-Canada
2014-12-23 Appellant's book of authorities, (4 volumes), Completed on: 2014-12-23 Canadian Broadcasting Corporation / Société Radio-Canada
2014-12-23 Appellant's record, (6 volumes), Completed on: 2014-12-23 Canadian Broadcasting Corporation / Société Radio-Canada
2014-12-23 Appellant's factum, Completed on: 2014-12-23 Canadian Broadcasting Corporation / Société Radio-Canada
2014-12-02 Appeal hearing scheduled, 2015-03-16, (previously scheduled for February 18, 2015)
Judgment reserved
2014-11-04 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2014-10-28 Correspondence received from, (Letter Form), the appellant requesting change to tentative hearing date and abridged deadlines set out in the October 28, 2014 order from the CJ. Canadian Broadcasting Corporation / Société Radio-Canada
2014-10-28 Order by, (revised November 3, 2014), CJ, IT IS HEREBY ORDERED THAT:
1. The appellant’s record, factum and book of authorities shall be served and filed on or before December 29, 2014.
2. 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 January 19, 2015.
3. The appellant and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before January 26, 2015.
4. Replies to any responses to the motions for leave to intervene shall be served and filed on or before January 29, 2015.
5. The respondents’ record, factum and book of authorities shall be served and filed on or before February 23, 2015.
6. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall file and serve their factum and book of authorities on or before March 2, 2015.
Granted
2014-10-28 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2014-10-06 Notice of appeal, Completed on: 2014-10-06 Canadian Broadcasting Corporation / Société Radio-Canada
2014-09-05 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2014-09-05 Judgment on leave sent to the parties
2014-09-04 Decision on the application for leave to appeal, Abe Ro Mo, The application for leave to appeal from the judgments of the Federal Court of Appeal, Numbers A-516-12 and A-63-13, 2014 FCA 84, dated March 31, 2014, is granted with costs in the cause.
Granted, with costs
2014-07-28 All materials on application for leave submitted to the Judges, Abe Ro Mo
2014-06-30 Applicant's reply to respondent's argument, (Book Form), Proof of service missing - Received 2014-06-30., Completed on: 2014-07-02, (Electronic version filed on 2014-06-30) Canadian Broadcasting Corporation / Société Radio-Canada
2014-06-20 Book of authorities, (Book Form), (Electronic version filed on 2014-06-20) Society for Reproduction Rights of Authors, Composers and Publishers in Canada (SODRAC) Inc.
2014-06-20 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-06-20) Society for Reproduction Rights of Authors, Composers and Publishers in Canada (SODRAC) Inc.
2014-06-20 Notice of name, (Letter Form), (Electronic version filed on 2014-06-20) Society for Reproduction Rights of Authors, Composers and Publishers in Canada (SODRAC) Inc.
2014-06-20 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-06-20, (Electronic version filed on 2014-06-20) Society for Reproduction Rights of Authors, Composers and Publishers in Canada (SODRAC) Inc.
2014-06-03 Letter acknowledging receipt of a complete application for leave to appeal, File opened 2014-06-03.
2014-05-30 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-06-02) Canadian Broadcasting Corporation / Société Radio-Canada
2014-05-30 Notice of name, (Letter Form), (Electronic version filed on 2014-06-02) Canadian Broadcasting Corporation / Société Radio-Canada
2014-05-30 Book of authorities, (Book Form), (Electronic version filed on 2014-06-02) Canadian Broadcasting Corporation / Société Radio-Canada
2014-05-30 Application for leave to appeal, (Book Form), Completed on: 2014-06-03, (Electronic version filed on 2014-06-02) Canadian Broadcasting Corporation / Société Radio-Canada