Docket

36602

Google Inc. v. Equustek Solutions Inc., et al.

(British Columbia) (Civil) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2016-08-25 Appeal perfected for hearing
2016-08-10 Order on motion to extend time, Brown J.
2016-08-10 Decision on motion to extend time, Br
Granted
2016-08-10 Submission of motion to extend time, Br
2016-08-10 Order on motion for leave to intervene, by Justice Brown
2016-08-10 Decision on the motion for leave to intervene, Br, UPON APPLICATIONS by the Attorney General of Canada, the Attorney General of Ontario, the Canadian Civil Liberties Association, the OpenMedia Engagement Network, the Reporters Committee for Freedom of the Press, the American Society of News Editors, the Association of Alternative Newsmedia, the Center for Investigative Reporting, Dow Jones & Company, Inc., the First Amendment Coalition, First Look Media Works Inc., the New England First Amendment Coalition, the Newspaper Association of America, AOL Inc., the California Newspaper Publishers Association, the Associated Press, the Investigative Reporting Workshop at American University, the Online News Association and the Society of Professional Journalists (joint as the Media Coalition), Human Rights Watch, ARTICLE 19, Open Net (Korea), the Software Freedom Law Centre and the Center for Technology and Society (joint), the International Trademark Association, the Ad IDEM/Canadian Media Lawyers Association and the Media Law Resource Center (joint), the Wikimedia Foundation, Kickstarter, PBC, Foursquare Labs, Inc., the Global Online Video Association and Patreon Inc.(joint), eBay Inc., the British Columbia Civil Liberties Association, the Electronic Frontier Foundation, the International Federation of the Phonographic Industry, Music Canada, the Canadian Publishers’ Council, the Association of Canadian Publishers, the International Confederation of Societies of Authors and Composers, the International Confederation of Music Publishers and the Worldwide Independent Network (joint), the International Federation of Film Producers Associations and Dan Svantesson for leave to intervene in the above appeal;
AND UPON APPLICATION by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic 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 extension of time is granted.
The motions for leave to intervene of the Attorney General of Canada, the Attorney General of Ontario, the Canadian Civil Liberties Association, the OpenMedia Engagement Network, the Reporters Committee for Freedom of the Press, the American Society of News Editors, the Association of Alternative Newsmedia, the Center for Investigative Reporting, Dow Jones & Company, Inc., the First Amendment Coalition, First Look Media Works Inc., the New England First Amendment Coalition, the Newspaper Association of America, AOL Inc., the California Newspaper Publishers Association, the Associated Press, the Investigative Reporting Workshop at American University, the Online News Association and the Society of Professional Journalists (joint as the Media Coalition), Human Rights Watch, ARTICLE 19, Open Net (Korea), the Software Freedom Law Centre and the Center for Technology and Society (joint), the Wikimedia Foundation, the British Columbia Civil Liberties Association, the Electronic Frontier Foundation, the International Federation of the Phonographic Industry, Music Canada, the Canadian Publishers’ Council, the Association of Canadian Publishers, the International Confederation of Societies of Authors and Composers, the International Confederation of Music Publishers and the Worldwide Independent Network (joint) and the International Federation of Film Producers Associations are granted and each of the said eleven (11) interveners or groups of interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length in this appeal on or before October 5, 2016.

The motions for leave to intervene of the International Trademark Association, the Ad IDEM/Canadian Media Lawyers Association and the Media Law Resource Center (joint), Kickstarter, PBC, Foursquare Labs, Inc., the Global Online Video Association and Patreon Inc. (joint), eBay Inc., Dan Svantesson and the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic are dimissed.

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 respondent by their intervention.

The appellant and the respondents are permitted to serve and file a single 10-page factum each in reply to these interventions on or before October 19, 2016.
Allowed in part
2016-08-10 Submission of motion for leave to intervene, (17 motions), Br
2016-08-10 Appeal hearing scheduled, 2016-12-06
2016-08-09 Correspondence received from, (Letter Form), revised factum, (Printed version filed on 2016-08-09) Equustek Solutions Inc.
2016-08-08 Respondent's book of authorities, (Book Form), (4 volumes), Completed on: 2016-08-08, (Electronic version filed on 2016-08-08) Equustek Solutions Inc.
2016-08-08 Respondent's record, (Book Form), (3 volumes), Completed on: 2016-08-08, (Electronic version filed on 2016-08-08) Equustek Solutions Inc.
2016-08-08 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-08-08) Equustek Solutions Inc.
2016-08-08 Respondent's factum, (Book Form), modifications made on 2016/08/10 and 2016/08/11, Completed on: 2016-08-08, (Electronic version filed on 2016-08-08) Equustek Solutions Inc.
2016-07-28 Reply to the motion for leave to intervene, Completed on: 2016-07-28 Ad IDEM/Canadian Media Lawyers Association
2016-07-28 Reply to the motion for leave to intervene, Completed on: 2016-07-28 Electronic Frontier Foundation
2016-07-28 Reply to the motion for leave to intervene, Completed on: 2016-07-28 Wikimedia Foundation
2016-07-28 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-07-28, (Electronic version filed on 2016-07-28) Kickstarter, PBC, Foursquare Labs, Inc., Global Online Video Association, Patreon Inc.
2016-07-28 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-07-27, (Electronic version filed on 2016-07-28) Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, The Center for Investigative Reporting, Dow Jones & Company, Inc., First Amendment Coalition, First Look Media Works, Inc.
2016-07-27 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-07-27, (Printed version filed on 2016-07-27) Dan Svantesson
2016-07-27 Reply to the motion for leave to intervene, (Letter Form), service to come - rec'd Aug.2/2016, Completed on: 2016-07-27, (Electronic version filed on 2016-07-27) Human Rights Watch, ARTICLE 19, Open Net (Korea), Software Freedom Law Centre, Center for Technology and Society
2016-07-27 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-07-27, (Electronic version filed on 2016-07-27) International Trademark Association
2016-07-27 Reply to the motion for leave to intervene, (Letter Form), Proof of service to come, Completed on: 2016-07-27, (Electronic version filed on 2016-07-27) eBay Inc.
2016-07-25 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-07-25, (Printed version filed on 2016-07-26) OpenMedia Engagement Network
2016-07-21 Response to the motion for leave to intervene, (Book Form), service to come, Completed on: 2016-07-21, (Printed version filed on 2016-07-21) Equustek Solutions Inc.
2016-07-21 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-07-21, (Electronic version filed on 2016-07-21) Google Inc.
2016-07-20 Correspondence received from, Jeffrey Beedell, by email, dated 20-07-2016, Re: will revise their factum and record as per order dated 19-07-2016 Google Inc.
2016-07-19 Order on motion to strike out, by Justice Brown
2016-07-19 Decision on motion to strike out, Br, UPON APPLICATION by the respondents for an order striking the Affidavit of Daphne Keller, affirmed June 19, 2014 from the appellant’s record and any corresponding mention in the Factum;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion to strike is granted.
Granted
2016-07-19 Submission of motion to strike out, Br
2016-07-15 Reply to motion to strike out, (Book Form), Completed on: 2016-07-15, (Electronic version filed on 2016-07-15) Equustek Solutions Inc.
2016-07-13 Notice of name, (Letter Form), (Printed version filed on 2016-07-13) Ad IDEM/Canadian Media Lawyers Association
2016-07-12 Response to motion to extend time, (Letter Form), Completed on: 2016-07-12, (Printed version filed on 2016-07-12) Google Inc.
2016-07-12 Motion to extend time, (Book Form), to serve and/or file the Motion for Leave to intervene, Completed on: 2016-07-12, (Electronic version filed on 2016-07-12) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2016-07-12 Motion for leave to intervene, (Book Form), Completed on: 2016-07-12, (Electronic version filed on 2016-07-12) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2016-07-12 Notice of name, (Letter Form), (Printed version filed on 2016-07-12) International Trademark Association
2016-07-11 Motion for leave to intervene, (Book Form), Completed on: 2016-07-11, (Electronic version filed on 2016-07-13) International Federation of Film Producers Associations
2016-07-11 Motion for leave to intervene, (Book Form), Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) International Federation of the Phonographic Industry, Music Canada, Canadian Publishers’ Council, Association of Canadian Publishers, International Confederation of Societies of Authors and Composers
2016-07-11 Supplemental document, (Letter Form), Supplementary affidavit in support of motion for leave to intervene, Completed on: 2016-07-11, (Electronic version due on 2016-07-18) Attorney General of Ontario
2016-07-11 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-07-11) Electronic Frontier Foundation
2016-07-11 Notice of name, (Letter Form), (Electronic version filed on 2016-07-11) Electronic Frontier Foundation
2016-07-11 Motion for leave to intervene, (Book Form), Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) Electronic Frontier Foundation
2016-07-11 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-07-11) British Columbia Civil Liberties Association
2016-07-11 Notice of name, (Letter Form), (Electronic version filed on 2016-07-11) British Columbia Civil Liberties Association
2016-07-11 Motion for leave to intervene, (Book Form), Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) British Columbia Civil Liberties Association
2016-07-11 Motion for leave to intervene, (Book Form), Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) eBay Inc.
2016-07-11 Motion for leave to intervene, (Book Form), Payment to come, Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) Kickstarter, PBC, Foursquare Labs, Inc., Global Online Video Association, Patreon Inc.
2016-07-11 Motion for leave to intervene, (Book Form), payment to come, Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) Wikimedia Foundation
2016-07-11 Motion for leave to intervene, (Book Form), Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) Attorney General of Canada
2016-07-11 Motion for leave to intervene, (Book Form), Joint motion, Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) Ad IDEM/Canadian Media Lawyers Association
2016-07-11 Motion for leave to intervene, (Book Form), Completed on: 2016-07-12, (Electronic version filed on 2016-07-11) International Trademark Association
2016-07-11 Notice of name, (Letter Form), (Electronic version filed on 2016-07-11) Human Rights Watch, ARTICLE 19, Open Net (Korea), Software Freedom Law Centre, Center for Technology and Society
2016-07-11 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-07-11) Human Rights Watch, ARTICLE 19, Open Net (Korea), Software Freedom Law Centre, Center for Technology and Society
2016-07-11 Motion for leave to intervene, (Book Form), Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) Human Rights Watch, ARTICLE 19, Open Net (Korea), Software Freedom Law Centre, Center for Technology and Society
2016-07-11 Notice of name, (Letter Form), (Electronic version filed on 2016-07-11) Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, The Center for Investigative Reporting, Dow Jones & Company, Inc., First Amendment Coalition, First Look Media Works, Inc.
2016-07-11 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-07-11) Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, The Center for Investigative Reporting, Dow Jones & Company, Inc., First Amendment Coalition, First Look Media Works, Inc.
2016-07-11 Motion for leave to intervene, (Book Form), Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, The Center for Investigative Reporting, Dow Jones & Company, Inc., First Amendment Coalition, First Look Media Works, Inc.
2016-07-08 Motion for leave to intervene, (Book Form), Completed on: 2016-07-08, (Printed version filed on 2016-07-13) Dan Svantesson
2016-07-08 Response to motion to strike out, (Book Form), Completed on: 2016-07-08, (Electronic version filed on 2016-07-08) Google Inc.
2016-07-07 Motion for leave to intervene, (Letter Form), Completed on: 2016-07-07, (Electronic version filed on 2016-07-07) Attorney General of Ontario
2016-07-04 Motion for leave to intervene, (Book Form), Completed on: 2016-07-05, (Printed version filed on 2016-07-05) OpenMedia Engagement Network
2016-06-30 Notice of name, (Letter Form), (Electronic version filed on 2016-06-30) Canadian Civil Liberties Association
2016-06-30 Motion for leave to intervene, (Book Form), Completed on: 2016-07-04, (Electronic version filed on 2016-06-30) Canadian Civil Liberties Association
2016-06-30 Motion to strike out, (Book Form), and abridge time to file response to motion within 10 days., Completed on: 2016-06-30, (Electronic version filed on 2016-06-30) Equustek Solutions Inc.
2016-06-13 Appellant's book of authorities, (Book Form), Completed on: 2016-06-13, (Electronic version filed on 2016-06-13) Google Inc.
2016-06-13 Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2016-06-13) Google Inc.
2016-06-13 Appellant's record, (Book Form), Completed on: 2016-06-13, (Electronic version filed on 2016-06-13) Google Inc.
2016-06-13 Appellant's factum, (Book Form), Completed on: 2016-06-13, (Electronic version filed on 2016-06-13) Google Inc.
2016-05-24 Notice of change of counsel, (Letter Form), appelant's agent changed from Colin S. Baxter to Jeff Beedell., (Electronic version filed on 2016-05-24) Google Inc.
2016-03-29 Correspondence (sent by the Court) to, all parties by mail, re: new tentative hearing date.
2016-03-21 Notice of appeal, Completed on: 2016-03-21 Google Inc.
2016-03-01 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2016-02-19 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2016-02-19 Judgment on leave sent to the parties
2016-02-18 Decision on the application for leave to appeal, CJ Cro Côt, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA041923, 2015 BCCA 265, dated June 11, 2015, is granted with costs in the cause.
Granted, with costs in the cause
2016-01-11 All materials on application for leave submitted to the Judges, CJ Cro Côt
2015-10-26 Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-10-26, (Electronic version filed on 2015-10-26) Google Inc.
2015-10-15 Correspondence received from, (Letter Form), agent of the respondent re: correction of the respondent's address., (Electronic version filed on 2015-10-15) Equustek Solutions Inc.
2015-10-14 Book of authorities, (Book Form) Equustek Solutions Inc.
2015-10-14 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-14) Equustek Solutions Inc.
2015-10-14 Notice of name, (Letter Form), (Electronic version filed on 2015-10-14) Equustek Solutions Inc.
2015-10-14 Respondent's response on the application for leave to appeal, (Book Form), (4 volumes), Completed on: 2015-10-14, (Electronic version filed on 2015-10-14) Equustek Solutions Inc.
2015-09-14 Letter acknowledging receipt of a complete application for leave to appeal, file opened 2015-09-14.
2015-09-10 Book of authorities, (Book Form), (Electronic version filed on 2015-09-15) Google Inc.
2015-09-10 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-09-15) Google Inc.
2015-09-10 Notice of name, (Letter Form), (Electronic version filed on 2015-09-15) Google Inc.
2015-09-10 Application for leave to appeal, (Book Form), Draft CA Order. Signed Court of Appeal Order received 2015-09-30., Completed on: 2015-10-01, (Electronic version filed on 2015-09-15) Google Inc.