Docket

29286

Canadian Association of Internet Providers, et al. v. Society of Composers, Authors and Music Publishers of Canada

(Federal) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2005-02-07 Appeal closed
2005-02-02 Correspondence received from, T. Heintzman dated Feb. 2, 2005 (fax copy) re: settlement has been reached Canadian Association of Internet Providers
2004-12-23 Bill of costs, Completed on: 2004-12-23 Canadian Association of Internet Providers
2004-09-14 Record returned to the Registrar of the Court of Appeal
2004-07-02 Judgment on appeal and notice of deposit of judgment sent to all parties
2004-06-30 Judgment on the appeal rendered, CJ Ia Ma Ba Bi Arb LeB De F, The appeal from the judgment of the Federal Court of Appeal, Number A-764-99, dated May 1, 2002, heard on December 3, 2003, is allowed with costs with respect to copyright liability for caches of data created in a manner that is content neutral for the purpose of economy and efficiency. The cross-appeal is dismissed with costs. The case is otherwise returned to the Copyright Board to proceed with Phase II of its hearings in accordance with the reasons.

Allowed, with costs
2004-02-10 Correspondence received from, S. Gratton dated Feb. 9, 2004 re: enclosing T.C. (Evidence, Phase I, vol. 1 to 3, Final argument and reply, Interrogatories and response to interrogatories, Transcript of Copyright Board) Canadian Association of Internet Providers
2004-02-10 Trial court record, (received from S. Gratton of McCarthy, Tétrault) - transcripts of the Copyright Tribunal, etc... - 2 boxes (to be returned to the appellant)
2003-12-10 Transcript received, 68 pages
2003-12-03 Judgment reserved OR rendered with reasons to follow
2003-12-03 Hearing of the appeal, 2003-12-03, CJ Ia Ma Ba Bi Arb LeB De F
Judgment reserved
2003-12-03 Respondent's condensed book, (rec'd in Court) Society of Composers, Authors and Music Publishers of Canada
2003-12-03 Acknowledgement and consent for video taping of proceedings, (of all parties)
2003-12-02 Appellant's condensed book Canadian Association of Internet Providers
2003-12-01 Supplemental document, (Book of Authorities in support of the Appeal and Cross-Appeal) Society of Composers, Authors and Music Publishers of Canada
2003-11-28 Order on motion to strike out, (BY DESCHAMPS J.)
2003-11-28 Decision on motion to strike out, De, UPON APPLICATION by the respondent for an order 1) striking paragraph 6(i) and the reference to the affidavit of James Halpert in the factum of the interveners, Internet Commerce Coalition, European Telecommunications Network Operators' Association, European Internet Service Providers' Association; Australian Internet Industry Association, Telecom Services Association, U.S. Internet Industry Association; 2) striking Tab 11 of the book of authorities of the Interveners, Internet Commerce Coalition, European Telecommunications Network Operators' Association, European Internet Service Providers' Association; Australian Internet Industry Association, Telecom Services Association, U.S. Internet Industry Association; 3) stating that the parties and the interveners may not refer to the affidavit of James Halpert at the hearing of this appeal on December 3, 2003; 4) for costs of this motion;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motion is granted in part without costs. In view of the undertaking of counsel for the interveners, Internet Commerce Coalition, European Telecommunications Network Operators' Association, European Internet Service Providers' Association, Australian Internet Industry Association, Telecom Services Association, U.S. Internet Industry Association, the affidavit of James Halpert shall be withdrawn from the book of authorities and the reference thereto is deemed struck from the interveners' factum. No reference shall be made to the affidavit of James Halpert at the hearing of this appeal scheduled to be heard on December 3, 2003.
Allowed in part, without costs
2003-11-28 Order on motion to strike out, (BY DESCHAMPS J.)
2003-11-28 Decision on motion to strike out, De, UPON APPLICATION by the appellants for an order 1) striking certain paragraphs of the factum of the interveners, the Canadian Recording Industry Association and International Federation of the Phonogram Industry; 2) striking Tab 4 of the Book of Authorities of the interveners, the Canadian Recording Industry Association and International Federation of the Phonogram Industry; 3) for costs of this motion to be payable forthwith;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motion is dismissed with costs to the interveners, the Canadian Recording Industry Association and International Federation of the Phonogram Industry.
Dismissed, with costs
2003-11-28 Respondent's book of authorities - cross appeal, (SUPPLEMENTARY), Completed on: 2003-11-28 Canadian Association of Internet Providers
2003-11-27 Reply to motion to strike out, (Letter Form), Completed on: 2003-11-27 Internet Commerce Coalition, European Telecommunications Network Operators' Association, European Internet Service Providers' Association, Australian Internet Industry Associaition, Telecom Services Association and
2003-11-26 Response to motion to strike out, Completed on: 2003-11-26 Society of Composers, Authors and Music Publishers of Canada
2003-11-26 Reply to motion to strike out, (Letter Form), from Brian A. Crane, Q.C. dated 11/26/03 (to ICC's response), Completed on: 2003-11-26 Society of Composers, Authors and Music Publishers of Canada
2003-11-25 Notice of appearance, from Ed VanBemmel Society of Composers, Authors and Music Publishers of Canada
2003-11-25 Submission of motion to strike out, De
2003-11-25 Response to motion to strike out, (Letter Form), from T. Heintzman dated Nov. 25, 2003 (fax copy) re: motion by SOCAN, Completed on: 2003-11-25 Canadian Association of Internet Providers
2003-11-25 Response to motion to strike out, (Letter Form), from B. Crane dated Nov. 25, 2003 re: motion by CAIP, Completed on: 2003-11-25 Society of Composers, Authors and Music Publishers of Canada
2003-11-25 Response to motion to strike out, re: motion by SOCAN, Completed on: 2003-11-25 Internet Commerce Coalition, European Telecommunications Network Operators' Association, European Internet Service Providers' Association, Australian Internet Industry Associaition, Telecom Services Association and
2003-11-24 Motion to strike out, affidavit of J. Halpert in the intervener's factum, Internet Commerce Coalition, et al and Tab 11 of the authorities of the intervener, ICC - book form, Completed on: 2003-11-25 Society of Composers, Authors and Music Publishers of Canada
2003-11-21 Motion to strike out, paragraphs of the factum of the interveners, CRIA and IFPI and Tab 4 of the authorities - book form, Completed on: 2003-11-21 Canadian Association of Internet Providers
2003-11-19 Correspondence received from, Susan L. Gratton dated 11/19/03 re: will file a motion to strike paragraphs in CRIA et al factum Canadian Association of Internet Providers
2003-11-14 Order by, De, UPON APPLICATIONS by the Internet Commerce Coalition, European Telecommunications Network Operators' Association, European Internet Service Providers' Association, Australian Internet Industry Association, Telecom Services Association and U.S. Internet Industry Association and the Canadian Recording Industry Association and the International Federation of Phonogram Industry for leave to intervene in the above appeal and pursuant to the order of September 12, 2003;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
Granted
2003-11-07 Book of authorities, Completed on: 2003-11-07 Internet Commerce Coalition, European Telecommunications Network Operators' Association, European Internet Service Providers' Association, Australian Internet Industry Associaition, Telecom Services Association and
2003-11-07 Intervener's factum, Completed on: 2003-11-07 Internet Commerce Coalition, European Telecommunications Network Operators' Association, European Internet Service Providers' Association, Australian Internet Industry Associaition, Telecom Services Association and
2003-11-07 Book of authorities, Completed on: 2003-11-07 Canadian Recording Industry Association ("CRIA") and The International Federation of Phonogram Industry ("IFPI")
2003-11-07 Intervener's factum, Completed on: 2003-11-07 Canadian Recording Industry Association ("CRIA") and The International Federation of Phonogram Industry ("IFPI")
2003-10-15 Respondent's book of authorities - cross appeal, Completed on: 2003-10-15 Canadian Association of Internet Providers
2003-10-15 Respondent's record - cross appeal, (certificate of counsel requested - rec'd Oct. 27/03 and included in original record) Canadian Association of Internet Providers
2003-10-15 Respondent's factum - cross appeal, (see Order of Oct. 3/03), Completed on: 2003-10-15 Canadian Association of Internet Providers
2003-10-03 Order on motion to extend time
2003-10-03 Decision on motion to extend time, De, to serve and file the respondent's factum, record and book of authorities to September 29, 2003; to serve and file the appellants' factum in response to the cross-appeal to October 15, 2003; and that the respondent may present oral argument at the hearing of the appeal pursuant to Rule 71(3)
Granted
2003-10-02 Submission of motion to extend time, De
2003-09-29 Respondent's book of authorities, Vol. I & II (see order of 10/03/03), Completed on: 2003-09-29 Society of Composers, Authors and Music Publishers of Canada
2003-09-29 Appellant's factum - cross appeal, (see order of 10/03/03)(joint with respondent's factum), Completed on: 2003-09-29 Society of Composers, Authors and Music Publishers of Canada
2003-09-29 Respondent's factum, (see order of 10/03/03)(joint with factum on cross-appeal), Completed on: 2003-09-29 Society of Composers, Authors and Music Publishers of Canada
2003-09-29 Respondent's record, (see order of 10/03/03), Completed on: 2003-09-29 Society of Composers, Authors and Music Publishers of Canada
2003-09-19 Response to motion to extend time, joint consent, Completed on: 2003-09-19 Canadian Association of Internet Providers
2003-09-19 Motion to extend time, to serve and file the Factum, Record and Book of Authorities to Sept. 29/03 and the Appellants to file Response on Cross-Appeal to Oct. 15/03, Completed on: 2003-09-19 Society of Composers, Authors and Music Publishers of Canada
2003-09-19 Appeal perfected for hearing
2003-09-12 Order on motion for leave to intervene, (BY DESCHAMPS J.)
2003-09-12 Decision on the motion for leave to intervene, De, The motion for leave to intervene of the applicants, Internet Commerce Coalition, European Telecommunications Network Operators' Association, European Internet Service Providers' Association, Australian Internet Industry Association, Telecom Services Association and U.S. Internet Industry Association, is granted and the applicants shall be entitled to serve and file a joint factum not to exceed 20 pages in length.

The motion for leave to intervene of the applicants, Canadian Recording Industry Association and the International Federation of Phonogram Industry, is granted and the applicants shall be entitled to serve and file a joint factum not to exceed 20 pages in length.

The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.

The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties.

Pursuant to Rule 59(1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
Granted
2003-09-12 Submission of motion for leave to intervene, De
2003-09-08 Response to the motion for leave to intervene, re: intervention by CRIA, et al, Completed on: 2003-09-08 Canadian Association of Internet Providers
2003-09-02 Response to the motion for leave to intervene, re: intervention by Internet Commerce, et al, Completed on: 2003-09-02 Society of Composers, Authors and Music Publishers of Canada
2003-09-02 Response to the motion for leave to intervene, re: intervention by Can. Recording Industry Ass., et al, Completed on: 2003-09-02 Society of Composers, Authors and Music Publishers of Canada
2003-09-02 Response to the motion for leave to intervene, (Letter Form), from McCarthy, Tétrault dated Aug. 29, 2003 re: interventions by Internet Commerce, et al (fax copy - original rec'd Sept. 5/03), Completed on: 2003-09-02 Canadian Association of Internet Providers
2003-08-29 Motion for leave to intervene, book form, Completed on: 2003-08-29 Canadian Recording Industry Association ("CRIA") and The International Federation of Phonogram Industry ("IFPI")
2003-08-29 Notice of hearing sent to parties
2003-08-28 Appeal hearing scheduled, 2003-12-03
Judgment reserved
2003-08-22 Motion for leave to intervene, book form, Completed on: 2003-08-22 Internet Commerce Coalition, European Telecommunications Network Operators' Association, European Internet Service Providers' Association, Australian Internet Industry Associaition, Telecom Services Association and
2003-08-06 Decision on motion to extend time, to serve and file the appellants' factum, record and book of authorities to July 25/03, DeRg
Granted
2003-08-05 Submission of motion to extend time, DeRg
2003-07-25 Appellant's book of authorities, vol. 1 to 3, Completed on: 2003-07-25 Canadian Association of Internet Providers
2003-07-25 Appellant's record, vol. 1 to 5, Completed on: 2003-07-25 Canadian Association of Internet Providers
2003-07-25 Appellant's factum, Completed on: 2003-07-25 Canadian Association of Internet Providers
2003-07-25 Motion to extend time, to file and serve the appellant's materials on July 25, 2003, Completed on: 2003-07-25 Canadian Association of Internet Providers
2003-05-28 Appeal court record, (2 boxes)
2003-04-28 Notice of appeal, Completed on: 2003-04-28 Canadian Association of Internet Providers
2003-04-17 Notice of change of counsel, from Davies, Ward to McCarthy, Tétrault (fax copy) Canadian Association of Internet Providers
2003-04-07 Notice of cross appeal, Completed on: 2003-04-07 Society of Composers, Authors and Music Publishers of Canada
2003-04-07 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2003-03-28 Judgment on leave sent to the parties
2003-03-27 Judgment of the Court on the application for leave to appeal, The application for leave to cross-appeal is granted with costs to Society of Composers, Authors and Music Publishers of Canada and the application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-764-99, dated May 1, 2002, is granted with costs to the applicants in any event of the cause.
Granted, with costs to the applicant(s) in any event of the cause
2003-03-27 Judgment of the Court on the application for leave to cross-appeal
Granted, with costs
2003-02-10 All material on the application for leave to cross-appeal submitted to the Judges, Ia Bi LeB
2003-02-10 All materials on application for leave submitted to the Judges, Ia Bi LeB
2002-11-15 Reply to the memorandum in response to the argument on cross-appeal, (Letter Form), from Y. G. Hynna dated Nov. 14, 2002 re: will not be filing a reply, Completed on: 2002-11-15 Society of Composers, Authors and Music Publishers of Canada
2002-11-12 Memorandum of argument in response to the cross-appeal, (joint with reply), Completed on: 2002-11-12 Canadian Association of Internet Providers
2002-11-12 Applicant's reply to respondent's argument, (joint with response to cross-appeal), Completed on: 2002-11-12 Canadian Association of Internet Providers
2002-10-15 Decision on motion to extend time, LeB, by one additional week to October 11, 2002, to serve and file the response of the respondent Society of Composers, Authors and Music Publishers of Canada
Granted
2002-10-15 Submission of motion to extend time, LeB
2002-10-11 Application for leave to cross-appeal, (joint with response to the leave application), Completed on: 2002-10-11 Society of Composers, Authors and Music Publishers of Canada
2002-10-11 Respondent's response on the application for leave to appeal, (see order)(joint with application to cross-appeal), Completed on: 2002-10-11 Society of Composers, Authors and Music Publishers of Canada
2002-10-03 Response to motion to extend time, (Letter Form), from M.P. Gottlieb dated Oct. 3/02 (by fax), Completed on: 2002-10-03 Canadian Association of Internet Providers
2002-10-03 Motion to extend time, to serve and file the Response and Application to Cross-Appeal of one additional week, Completed on: 2002-10-03 Society of Composers, Authors and Music Publishers of Canada
2002-09-26 Order on motion to leave to intervene, (by Binnie J.)
2002-09-26 Decision on motion for leave to intervene, Bi,
UPON the application of the Canadian Recording Industry Association and of the Internet Commerce Coalition, European Telecommunications Network Operators' Association, European Internet Service Providers' Association, Australian Internet Industry Association, Japanese Telecom Services Association and U.S. Internet Industry Association for intervener status on the application for leave to appeal and to file written argument in that regard,

AND UPON reading the material filed:


IT IS ORDERED THAT these applications be and they are hereby dismissed.

IT IS FURTHER ORDERED THAT this dismissal is without prejudice to any application the applicants may see fit to bring for intervener status on the appeal itself in the event leave is granted.
Dismissed
2002-09-26 Submission of motion for leave to intervene, Bi
2002-09-23 Reply to the motion for leave to intervene., (1 copy by fax), Completed on: 2002-09-23 Internet Commerce Coalition (ICC), European Telecommunications Network Operators' Association (ETNO), European Internet Service Providers' Association (EuroISPA), the Australian Internet Industry Association (AIIA)
2002-09-17 Reply to the motion for leave to intervene., (book form), Completed on: 2002-09-17 The Canadian Recording Industry Association
2002-09-13 Response to the motion for leave to intervene, (book form), Completed on: 2002-09-13 Canadian Association of Internet Providers
2002-09-09 Response to the motion for leave to intervene, book form re: intervention by ICC, Completed on: 2002-09-09 Society of Composers, Authors and Music Publishers of Canada
2002-09-09 Response to the motion for leave to intervene, book form re: intervention by CRIA, Completed on: 2002-09-09 Society of Composers, Authors and Music Publishers of Canada
2002-09-06 Response to the motion for leave to intervene, (Letter Form), from K. Thomson dated Sept. 6, 2002 (fax copy), Completed on: 2002-09-06 Canadian Association of Internet Providers
2002-09-04 Motion for leave to intervene, revised (previously filed on Aug. 30, 2002) - book form, Completed on: 2002-09-04 Internet Commerce Coalition (ICC), European Telecommunications Network Operators' Association (ETNO), European Internet Service Providers' Association (EuroISPA), the Australian Internet Industry Association (AIIA)
2002-09-04 Order on motion to strike out, (by LeBel J.)
2002-09-04 Decision on motion to extend time, LeB, (see decision on the motion to strike)
Granted
2002-09-04 Decision on motion to strike out, LeB, The respondent, Society of Composers, Authors and Music Publishers of Canada ask for an order striking out the affidavits of James Carroll, Michael Geist, Jay Thomson and Eric Carroll filed in support of the motion for leave to appeal filed by the applicants. After a review of the affidavits and of the material filed by the parties, it appears that, these affidavits in essence, attempt to explain the potential impact of the judgment of the Federal Court of Appeal on the use and development of internet communications in Canada.

In the context of a motion for leave to appeal, these affidavits supply background material, which is relevant to the appreciation of the general importance of the questions which would be raised by the proposed appeal. For this purpose, the affidavits have been properly filed and should not be struck out. For these reasons:

a) The motion of the respondent SOCAN is dismissed;
b) The time within which a response and/or a motion for leave to cross-appeal may be filed by the respondent SOCAN is extended to thirty days after the date of the present decision.
Dismissed
2002-09-04 Submission of motion to extend time, LeB
2002-09-04 Submission of motion to strike out, LeB
2002-09-03 Motion to extend time, to file the motion to intervene to Sept. 3, 2002 - 3 copies, Completed on: 2002-09-03 The Canadian Recording Industry Association
2002-09-03 Motion for leave to intervene, (book form), Completed on: 2002-09-03 The Canadian Recording Industry Association
2002-09-03 Correspondence received from, Lang, Michener dated Sept. 3, 2002 re: none of the following names are registered in either official language - Can. Ass. of Internet Providers, Bell ExpressVu, Telus Communications, Aliant Inc., MTS Communications Canadian Association of Internet Providers
2002-09-03 Supplemental document, form 14 included Canadian Association of Internet Providers
2002-08-29 Reply to motion to strike out, 4 copies - book form, Completed on: 2002-08-29 Society of Composers, Authors and Music Publishers of Canada
2002-08-26 Response to motion to strike out, page 5 replaced and served by fax on Aug. 29/02 (book form), Completed on: 2002-08-26 Canadian Association of Internet Providers
2002-08-22 Letter acknowledging receipt of an incomplete application for leave to appeal
2002-08-14 Motion to extend time, for extension of time within which the the response and/or leave to cross-appeal may be filed to 30 days after resolution of this motion. Submitted in same book as motion to strike affidavits (4 copies - book form), Completed on: 2002-08-14 Society of Composers, Authors and Music Publishers of Canada
2002-08-14 Motion to strike out, striking out the affidavits of James Carroll, Michael Geist, Jay Thompson and Eric Carroll filed in support of the leave application. Included in same book as motion to extend time (4 copies - book form), Completed on: 2002-08-14 Society of Composers, Authors and Music Publishers of Canada
2002-07-31 Court of Appeal casebooks and transcripts of evidence, 3 copies of vol. 1 to 3
2002-07-31 Application for leave to appeal, (form 14 missing and style of cause to be amended)(new covers received Aug. 26, 2002), Completed on: 2002-08-27 Canadian Association of Internet Providers