Docket

39418

Society of Composers, Authors and Music Publishers of Canada, et al. v. Entertainment Software Association, et al.

(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)
2022-08-15 Bill of costs, *Under Review, Incomplete Entertainment Software Association
2022-07-18 Formal judgment sent to the registrar of the court of appeal and all parties
2022-07-18 Judgment on appeal and notice of deposit of judgment sent to all parties
2022-07-15 Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Federal Court of Appeal, Numbers A-267-17 and A-270-17, 2020 FCA 100, dated June 5, 2020, heard on January 18, 2022, is dismissed with costs in this Court to Apple Inc. and Apple Canada Inc., and costs in this Court and the Federal Court of Appeal to the remaining respondents.
Dismissed, with costs
2022-02-02 Transcript received, 120 pages

Paper copies not yet delivered (due to the difficulties in negotiating courier shipments during the ongoing protest). (rec'd 2022-03-25 / reçu 2022-03-25)
2022-01-18 Judgment reserved OR rendered with reasons to follow
2022-01-18 Hearing of the appeal, 2022-01-18, CJ Mo Ka Côt Br Row Mar Kas Ja
Judgment reserved
2022-01-14 Supplemental document, (Book Form), Joint Book of Authorities of the Appellants, Completed on: 2022-01-17, (Printed version filed on 2022-01-14) Society of Composers, Authors and Music Publishers of Canada
2022-01-14 Intervener's condensed book, (Book Form), (Printed version filed on 2022-01-14) Canadian Music Publishers Association carrying on business as "Music Publishers Canada" and Professional Music Publishers Association
2022-01-14 Appellant's condensed book, (Book Form), (Printed version filed on 2022-01-14) Society of Composers, Authors and Music Publishers of Canada
2022-01-14 Appellant's condensed book, (Book Form), (Printed version filed on 2022-01-14) Music Canada
2022-01-14 Respondent's condensed book, (Book Form), (Printed version filed on 2022-01-14) Apple Inc.
2022-01-13 Intervener's condensed book, (Book Form), (Printed version filed on 2022-01-17) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2022-01-13 Respondent's condensed book, (Book Form), (Printed version filed on 2022-01-17) Entertainment Software Association
2022-01-13 Intervener's condensed book, (Book Form), (Printed version filed on 2022-01-13) Ariel Katz
2022-01-13 Respondent's condensed book, (Book Form), (Printed version filed on 2022-01-13) Pandora Media Inc.
2022-01-10 Correspondence received from, (Letter Form), Co-appellants SOCAN and Music Canada advise the Court that the appellants have agreed to split the 60 minutes of oral argument time equally between them. Mr. Chisick will present oral argument first on behalf of SOCAN for 30 minutes, followed by Mr. Sookman for Music Canada for 30 minutes. Counsel request that the Court accord 5 minutes of reply time to each appellant., (Printed version due on 2022-01-17) Society of Composers, Authors and Music Publishers of Canada
2022-01-10 Correspondence received from, (Letter Form), In preparation for the appeal, the Respondents have agreed to divide their 60 minutes of oral submissions equally, with a schedule of 20-minute segments. They would appreciate if each segment could be timed, and the time enforced, separately., (Printed version due on 2022-01-17) Pandora Media Inc.
2022-01-10 Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties
2022-01-07 Correspondence (sent by the Court) to, Correspondence regarding upcoming Zoom hearing
2021-12-15 Notice of appearance, (Letter Form), Casey M. Chisick, D. Lynne Watt, Matthew S. Estabrooks and Eric Mayzel will appear before the Court ; Casey M. Chisick will present oral arguments. , (Printed version due on 2021-12-22) Society of Composers, Authors and Music Publishers of Canada
2021-12-14 Notice of appearance, (Letter Form), Jessica Zagar will appear before the Court and present oral arguments. , (Printed version due on 2021-12-21) Canadian Music Publishers Association carrying on business as "Music Publishers Canada" and Professional Music Publishers Association
2021-12-10 Notice of appearance, * 2021-11-30 - Music Canada (Appellant)

Barry Sookman, Daniel G.C. Glover and Connor Bildfell will appear before the Court. Barry Sookman will present oral argument

* 2021-11-30 / amended 2022-01-04 - Professor Ariel Katz

Sana Halwani and Andrew Moeser will appear before the Court. Sana Halwani will present oral argument.

* 2021-12-01 - Apple Inc. and Apple Canada Inc. (Respondent)

Julie Rosenthal and Michael Koch will appear before the Court. Julie Rosenthal will present oral argument

* 2021-12-03 - Canadian Association of Law Libraries/Library Future Institute

Kim Paula Nayyer and Robert Janes, Q.C. will appear before the Court. Kim Paul Nayyer will present oral argument

* 2021-12-06 - Pandora Media Inc. (Respondent)

David Kent and Jonathan O’Hara will appear before the Court. David Kent will present oral argument

* 2021-12-06 - the Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic

David Fewer will appear before the Court and will present oral argument

* 2021-12-10 - Entertainment Software Association, Entertainment Software Association of Canada, Bell Canada, Quebecor Media Inc., Rogers Communications, and Shaw Communications (“ESA and the Networks”) (Respondents)

Gerald (Jay) Kerr-Wilson, Michael Shortt, and Stacey Smydo will appear before the Court. Gerald (Jay) Kerr-Wilson will present oral argument
Entertainment Software Association
2021-11-08 Notice of hearing sent to parties, (sent electronically)
2021-11-08 Appeal hearing scheduled, 2022-01-18
Judgment reserved
2021-11-03 Reply factum on appeal, (Book Form), Completed on: 2021-11-04, (Printed version filed on 2021-11-03) Society of Composers, Authors and Music Publishers of Canada
2021-11-03 Reply factum on appeal, (Letter Form), require: proof of service (rec'd 2021-11-04), Completed on: 2021-11-04, (Printed version filed on 2022-01-13) Entertainment Software Association
2021-11-03 Appellant's book of authorities, (Book Form), Authorities - Reply Factum, Completed on: 2021-11-04, (Printed version filed on 2021-11-03) Music Canada
2021-11-03 Reply factum on appeal, (Book Form), Completed on: 2021-11-04, (Printed version filed on 2021-11-03) Music Canada
2021-11-03 Reply factum on appeal, (Letter Form), Completed on: 2021-11-04, (Printed version filed on 2021-11-08) Apple Inc.
2021-11-03 Reply factum on appeal, (Book Form), require: proof of service upon all parties (rec'd 2021-11-04), Completed on: 2021-11-04, (Printed version filed on 2021-11-03) Pandora Media Inc.
2021-10-29 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2021-10-27 Intervener's book of authorities, (Book Form), Completed on: 2021-11-04, (Printed version filed on 2021-11-03) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2021-10-27 Intervener's factum, (Book Form), Completed on: 2021-11-04, (Printed version filed on 2021-11-03) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2021-10-27 Intervener's book of authorities, (Book Form), Completed on: 2021-11-04, (Printed version filed on 2021-10-27) Canadian Music Publishers Association carrying on business as "Music Publishers Canada" and Professional Music Publishers Association
2021-10-27 Intervener's factum, (Book Form), Completed on: 2021-11-04, (Printed version filed on 2021-10-27) Canadian Music Publishers Association carrying on business as "Music Publishers Canada" and Professional Music Publishers Association
2021-10-27 Intervener's book of authorities, (Book Form), Completed on: 2021-11-04, (Printed version filed on 2021-10-27) Ariel Katz
2021-10-27 Intervener's factum, (Book Form), Completed on: 2021-11-04, (Printed version filed on 2021-10-27) Ariel Katz
2021-10-27 Intervener's book of authorities, (Book Form), Completed on: 2021-11-04, (Printed version filed on 2021-10-27) Canadian Association of Law Libraries
2021-10-27 Intervener's factum, (Book Form), Completed on: 2021-11-04, (Printed version filed on 2021-10-27) Canadian Association of Law Libraries
2021-10-14 Order on motion to file a reply factum on appeal, by KARAKATSANIS J.
2021-10-14 Decision on the motion to file a reply factum on appeal, Ka, UPON APPLICATIONS by the appellant, Music Canada; and the respondents for an order granting permission to serve and file a factum in reply to the factums of the interveners, on or before November 3, 2021;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motions are granted.

The appellant, Music Canada, is permitted to serve and file a reply factum not exceeding five (5) pages in length, on or before November 3, 2021.

The respondents, Entertainment Software Association, Entertainment Software Association of Canada, Bell Canada, Quebecor Media Inc., Rogers Communications Inc. and Shaw Communications (jointly), Apple Inc. and Apple Canada Inc. (jointly), and Pandora Media Inc. are each granted permission to serve and file a reply factum not exceeding five (5) pages in length, on or before November 3, 2021.

Granted
2021-10-14 Submission of motion to file a reply factum on appeal, Ka
2021-09-22 Motion to file a reply factum on appeal, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-09-29) Entertainment Software Association
2021-09-16 Motion to file a reply factum on appeal, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-09-23) Music Canada
2021-09-15 Order on motion to extend time, by Justice Côté (see order on intervention)
2021-09-15 Decision on motion to extend time, Côt, See order on intervention
Granted
2021-09-15 Submission of motion to extend time, Côt
2021-09-15 Order on motion for leave to intervene, by CÔTÉ J.
2021-09-15 Decision on the motion for leave to intervene, Côt, UPON APPLICATIONS by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic; the Canadian Music Publishers Association carrying on business as “Music Publishers Canada” and the Professional Music Publishers Association (jointly); the Canadian Association of Law Libraries and the Library Futures Institute (jointly); and Ariel Katz for leave to intervene in the above appeal;

AND UPON APPLICATIONS by the Canadian Association of Law Libraries and the Library Futures Institute (jointly); and Ariel Katz for an order extending the time to serve and file their motions for leave to intervene;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motions for an extension of time filed by the Canadian Association of Law Libraries and the Library Futures Institute (jointly), and Ariel Katz are granted.

The motions for leave to intervene are granted and the said four (4) interveners or groups of interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before October 27, 2021.

The said four (4) 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, Society of Composers, Authors and Music Publishers of Canada, is granted permission to serve and file a single factum in reply to all interventions not to exceed five (5) pages in length on or before November 3, 2021.

The interveners or groups of 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 or groups of interveners shall pay to the appellants and the respondents any additional disbursements resulting from their interventions.

Granted
2021-09-15 Submission of motion for leave to intervene, Côt
2021-09-14 Respondent's book of authorities, (Book Form), Required: Proof of service (rec'd 2021-09-29), Completed on: 2021-10-27, (Printed version due on 2021-09-21) Entertainment Software Association
2021-09-14 Respondent's factum, (Book Form), Required: Proof of service (rec'd 2021-09-29), Completed on: 2021-10-27, (Printed version due on 2021-09-21) Entertainment Software Association
2021-09-14 Respondent's book of authorities, (Book Form), Completed on: 2021-09-27, (Printed version filed on 2021-09-14) Apple Inc.
2021-09-14 Respondent's factum, (Book Form), Completed on: 2021-09-27, (Printed version filed on 2021-09-14) Apple Inc.
2021-09-13 Respondent's factum, (Book Form), Completed on: 2021-09-27, (Printed version filed on 2021-09-13) Pandora Media Inc.
2021-09-13 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-09-14 Ariel Katz
2021-09-13 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-09-13, (Printed version filed on 2021-09-21) Canadian Association of Law Libraries
2021-09-07 Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-09-07, (Printed version filed on 2021-09-07) Society of Composers, Authors and Music Publishers of Canada
2021-09-07 Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-09-07, (Electronic version filed on 2021-09-08) Music Canada
2021-09-03 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-09-07, (Printed version filed on 2021-09-03) Canadian Music Publishers Association carrying on business as "Music Publishers Canada" and Professional Music Publishers Association
2021-08-27 Notice of name Library Futures Institute
2021-08-27 Notice of name Canadian Association of Law Libraries
2021-08-27 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), Completed on: 2021-08-30 Canadian Association of Law Libraries
2021-08-27 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-09-03) Canadian Association of Law Libraries
2021-08-27 Response to the motion for leave to intervene, Completed on: 2021-08-30 Apple Inc.
2021-08-25 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), Completed on: 2021-08-31 Ariel Katz
2021-08-25 Motion for leave to intervene, (Book Form), (revised rec'd 2021-08-26)
, Completed on: 2022-08-03, (Printed version filed on 2021-09-07)
Ariel Katz
2021-08-17 Notice of name, (Letter Form), (Printed version due on 2021-08-24) Canadian Music Publishers Association carrying on business as "Music Publishers Canada" and Professional Music Publishers Association
2021-08-17 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 08/20/21), Completed on: 2021-08-23, (Printed version filed on 2021-08-17) Canadian Music Publishers Association carrying on business as "Music Publishers Canada" and Professional Music Publishers Association
2021-08-17 Notice of name, (Letter Form), Missing: Proof of Service (rec' 08/18/21), (Printed version due on 2021-08-24) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2021-08-17 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 08/25/21)
Proof of Service (rec' 08/18/21), Completed on: 2021-08-27, (Printed version filed on 2021-08-25)
Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2021-07-20 Appellant's book of authorities, (Book Form), Completed on: 2021-08-16, (Printed version filed on 2021-07-20) Society of Composers, Authors and Music Publishers of Canada
2021-07-20 Appellant's factum, (Book Form), Completed on: 2021-08-16, (Printed version filed on 2021-07-20) Society of Composers, Authors and Music Publishers of Canada
2021-07-20 Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2021-07-20) Music Canada
2021-07-20 Appellant's book of authorities, (Book Form), Completed on: 2021-08-16, (Printed version filed on 2021-07-20) Music Canada
2021-07-20 Appellant's record, (Book Form), (10 volumes), Appellants joint record, Completed on: 2021-08-16, (Printed version filed on 2021-07-20) Society of Composers, Authors and Music Publishers of Canada
2021-07-20 Appellant's factum, (Book Form), Completed on: 2021-08-16, (Printed version filed on 2021-07-20) Music Canada
2021-07-13 Order on motion to add or substitute parties, by the Chief Justice
2021-07-13 Decision on motion to add or substitute parties, CJ, UPON APPLICATION by Pandora Media Inc. for an order granting permission to be added as a respondent to the appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is granted.
Granted
2021-07-13 Submission of motion to add or substitute parties, CJ
2021-06-04 Response to motion to add or substitute parties, Completed on: 2021-06-07 Apple Inc.
2021-06-04 Response to motion to add or substitute parties, Completed on: 2021-06-07 Entertainment Software Association
2021-06-03 Response to motion to add or substitute parties, Completed on: 2021-06-07 Society of Composers, Authors and Music Publishers of Canada
2021-06-03 Response to motion to add or substitute parties, Completed on: 2021-06-07 Music Canada
2021-05-27 Notice of name Pandora Media Inc.
2021-05-27 Motion to add or substitute parties, (Book Form), (to be added as respondent), Completed on: 2021-06-07, (Printed version filed on 2021-05-27) Pandora Media Inc.
2021-05-25 Notice of appeal, Completed on: 2021-06-29 Society of Composers, Authors and Music Publishers of Canada
2021-05-25 Notice of appeal, (Letter Form), Amended notice of appeal - rec'd 2021-07-07
Other documents filed with Notice (previously rec'd as part of complete application):
- FCA - Reasons for judgments 2020 FCA 100
- FCA judgments A-267-17, A-270-17, Completed on: 2021-06-29, (Printed version due on 2021-06-01)
Music Canada
2021-04-23 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2021-04-23 Judgment on leave sent to the parties
2021-04-22 Judgment of the Court on the application for leave to appeal, The motions to join two Federal Court of Appeal files in a single application for leave to appeal are granted. The applications for leave to appeal from the judgment of the Federal Court of Appeal, Numbers A-267-17 and A-270-17, 2020 FCA 100, dated June 5, 2020, are granted with costs in the cause. The motion to add Bell Canada, Quebecor Media Inc., Rogers Communications Inc. and Shaw Communications as respondents on the appeal is granted.

Abella J. took no part in the judgment.
Granted, with costs in the cause
2021-04-22 Decision on the miscellaneous motion, See decision on application
Granted
2021-04-22 Decision on motion to add or substitute parties, See decision on application
Granted
2021-03-22 All materials on application for leave submitted to the Judges, for consideration by the Court
2021-03-22 Submission of miscellaneous motion, for consideration by the Court
2021-03-22 Submission of motion to add or substitute parties, for consideration by the Court
2021-02-05 Notice of name, (Letter Form), (Printed version due on 2021-02-12) Bell Canada
2021-01-25 Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-01-29, (Printed version due on 2021-02-01) Music Canada
2021-01-25 Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-01-29, (Printed version filed on 2021-02-01) Society of Composers, Authors and Music Publishers of Canada
2021-01-18 Response to motion to add or substitute parties, (Letter Form), Completed on: 2021-01-29 Apple Inc.
2021-01-14 Response to motion to add or substitute parties, (Letter Form), Completed on: 2021-01-29 Music Canada
2021-01-14 Response to motion to add or substitute parties, (Letter Form), Completed on: 2021-01-29 Society of Composers, Authors and Music Publishers of Canada
2021-01-13 Certificate (on limitations to public access), (Letter Form), 23A-SECOND APPLICATION, (Printed version due on 2021-01-20) Entertainment Software Association
2021-01-13 Certificate (on limitations to public access), (Letter Form), 23A-FIRST APPLICATION, (Printed version due on 2021-01-20) Entertainment Software Association
2021-01-13 Notice of name, (Letter Form), (Printed version due on 2021-01-20) Entertainment Software Association
2021-01-13 Respondent's response on the application for leave to appeal, (Book Form), FIRST and SECOND APPLICATION, Completed on: 2021-03-03, (Printed version due on 2021-01-20) Entertainment Software Association
2021-01-13 Motion to add or substitute parties, (Book Form), Notice of Name missing (rec'd 2021-02-05)
Filing fee received 2021-02-22, Completed on: 2021-03-03, (Printed version due on 2021-01-20)
Bell Canada
2021-01-12 Notice of name, (Letter Form), (Printed version due on 2021-01-19) Apple Inc.
2021-01-12 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-01-19) Apple Inc.
2021-01-12 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-01-29, (Printed version filed on 2021-01-18) Apple Inc.
2020-12-02 Letter acknowledging receipt of an incomplete application for leave to appeal, SECOND APPLICATION
2020-12-02 Letter acknowledging receipt of a complete application for leave to appeal, FIRST APPLICATION
2020-11-12 Certificate (on limitations to public access), (Letter Form), SECOND APPLICATION Music Canada
2020-11-12 Notice of name, (Letter Form), SECOND APPLICATION Music Canada
2020-11-12 Notice of miscellaneous motion, (Book Form), (Included in the application for leave to appeal), SECOND APPLICATION

Motion to join, Completed on: 2020-11-27
Music Canada
2020-11-12 Application for leave to appeal, (Book Form), (4 volumes), SECOND APPLICATION

required:
-amended notice of application containing correct FCA file numbers-rec'd 2020/12/10, Completed on: 2020-12-10
Music Canada
2020-11-10 Certificate (on limitations to public access), (Letter Form), FIRST APPLICATION Society of Composers, Authors and Music Publishers of Canada
2020-11-10 Notice of name, (Letter Form), FIRST APPLICATION Society of Composers, Authors and Music Publishers of Canada
2020-11-10 Notice of miscellaneous motion, (Book Form), (Included in the application for leave to appeal), FIRST APPLICATION

Motion to Join, Completed on: 2020-11-27
Society of Composers, Authors and Music Publishers of Canada
2020-11-10 Application for leave to appeal, (Book Form), FIRST APPLICATION, Completed on: 2020-12-10 Society of Composers, Authors and Music Publishers of Canada