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28993

FWS Joint Sports Claimants Inc. v. Border Broadcasters Inc., et al.

(Federal) (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)
2002-07-12 Close file on Leave
2002-07-10 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2002-06-17 Copy of formal judgment on leave being prepared
2002-06-14 Notice of deposit of judgment issued to all parties
2002-06-13 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is dismissed with costs to the respondents Border Broadcasters Inc., Canadian Broadcasters Rights Agency Inc., Canadian Retransmission Right Association and Copyright Collective of Canada.
Dismissed, with costs
2002-05-21 All materials on application for leave submitted to the Judges, L'HD Ba Bi
2002-02-26 Applicant's reply to respondent's argument, (replying to Border Broadcasters Inc.), Completed on: 2002-02-26 FWS Joint Sports Claimants Inc.
2002-02-25 Applicant's reply to respondent's argument, Completed on: 2002-02-25 FWS Joint Sports Claimants Inc.
2002-02-22 Applicant's reply to respondent's argument, (replying to Can. Broadcasters Rights Agency and Can. Retransmission Right Ass.), Completed on: 2002-02-22 FWS Joint Sports Claimants Inc.
2002-02-18 Respondent's response on the application for leave to appeal, Completed on: 2002-02-18 Border Broadcasters Inc.
2002-02-18 Book of authorities, Completed on: 2002-02-18 Copyright Collective of Canada
2002-02-18 Respondent's response on the application for leave to appeal, (proof of delivery requested - rec'd Feb. 25/02), Completed on: 2002-02-25 Copyright Collective of Canada
2002-02-15 Book of authorities, Completed on: 2002-02-19 Canadian Broadcasters Rights Agency Inc.
2002-02-15 Respondent's response on the application for leave to appeal, Completed on: 2002-02-15 Canadian Broadcasters Rights Agency Inc.
2002-02-15 Letter acknowledging receipt of a complete application for leave to appeal
2002-01-29 Respondent's response on the application for leave to appeal, (Letter Form), from G. Hynna dated Jan. 28, 2002 re: will not be making any submissions in response to leave application, Completed on: 2002-01-29 Society of Composers, Authors and Music Publishers of Canada
2002-01-18 Book of authorities, Completed on: 2002-02-15 FWS Joint Sports Claimants Inc.
2002-01-18 Application for leave to appeal, (see Decision of Jan. 10/02), Completed on: 2002-02-15 FWS Joint Sports Claimants Inc.
2002-01-11 Order on motion to extend time
2002-01-10 Decision on motion to extend time, Ma, to serve and file an application for leave to appeal to January 18, 2002.
Granted
2002-01-10 Submission of motion to extend time, Ma
2002-01-09 Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), letter dated Jan. 8/02 from David W. Kent re: does not object, Completed on: 2002-01-09 Canadian Broadcasters Rights Agency Inc.
2002-01-08 Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), letter dated Jan. 8/02 from Peter S. Grant, Completed on: 2002-01-08 Canadian Retransmission Collective
2002-01-08 Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), letter dated Jan. 8/02 from Aaron Schwartz, Completed on: 2002-01-08 Copyright Collective of Canada
2002-01-08 Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), letter by e-mail from Jonathan Blakey dated Jan. 8/02, Completed on: 2002-01-08 Border Broadcasters Inc.
2002-01-08 Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), letter from Richard Storrey dated Dec. 21/01, Completed on: 2002-01-08 Major League Baseball Collective of Canada Inc.
2002-01-08 Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), letter (by fax) from Y.A. George Hynna dated Jan. 7/02, Completed on: 2002-01-08 Society of Composers, Authors and Music Publishers of Canada
2001-12-27 Motion to extend the time to file and or serve the application for leave to appeal, to Jan. 18/02, Completed on: 2001-12-27 FWS Joint Sports Claimants Inc.

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
FWS Joint Sports Claimants Inc. Applicant Active

v.

Main parties - Respondents
Name Role Status
Border Broadcasters Inc. Respondent Active
Canadian Broadcasters Rights Agency Inc. Respondent Active
Canadian Retransmission Collective Respondent Active
Canadian Retransmission Right Association Respondent Active
Copyright Collective of Canada Respondent Active
Major League Baseball Collective of Canada Inc. Respondent Active
Society of Composers, Authors and Music Publishers of Canada Respondent Active

Counsel

Party: FWS Joint Sports Claimants Inc.

Counsel
Gregory A. Piasetzi
Piasetzki & Nenniger
120 Adelaide Street West
Suite 2308
Toronto, Ontario
M5H 1T1
Telephone: (416) 955-0050
FAX: (416) 955-0053
Agent
Jeffrey W. Beedell
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca

Party: Border Broadcasters Inc.

Counsel
Randall J. Hofley
Jonathan Blakey
Stikeman, Elliott
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Canadian Broadcasters Rights Agency Inc.

Counsel
David W. Kent
McMillan Binch
P.O. Box 38, South Tower
Royal Bank Plaza 200 Bay St.
Toronto, Ontario
M5J 2J7
Telephone: (416) 865-7143
FAX: (416) 865-7048
Email: dkent@mcbinch.com
Agent
Martin W. Mason
Gowling Lafleur Henderson
2600-160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Canadian Retransmission Collective

Counsel
Peter S. Grant, Q.C.
McCarthy Tétrault LLP
Toronto Dominion Bank Tower
Suite 4700
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7620
FAX: (416) 868-0673

Party: Canadian Retransmission Right Association

Counsel
David W. Kent
McMillan Binch
P.O. Box 38, South Tower
Royal Bank Plaza 200 Bay St.
Toronto, Ontario
M5J 2J7
Telephone: (416) 865-7143
FAX: (416) 865-7048
Email: dkent@mcbinch.com
Agent
Martin W. Mason
Gowling Lafleur Henderson
2600-160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Copyright Collective of Canada

Counsel
Glenn Hainey
Aaron Schwartz
Gowling Lafleur Henderson
4900 Commerce Court West
PO Box 438, Stn. Commerce Crt.
Toronto, Ontario
M5L 1J3
Telephone: (416) 862-7525
FAX: (416) 862-7661
Agent
Henry S. Brown, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com

Party: Major League Baseball Collective of Canada Inc.

Counsel
Richard Storrey
Goodmans
250 Yonge Street
Suite 2400
Toronto, Ontario
M5B 2M6
Telephone: (416) 597-4164
FAX: (416) 979-1234

Party: Society of Composers, Authors and Music Publishers of Canada

Counsel
Y.A. George Hynna
Gowling Lafleur Henderson
2600 - 160 Elgin Street
PO Box 466 Stn D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869

Summary

Keywords

None.

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.

None.

Lower court rulings

February 25, 2000
Copyright Board Canada

1998-2000

Applicant's objection to the Board's royalty allocation methodology rejected

November 6, 2001
Federal Court of Appeal

A-299-00

Application for judicial review dismissed

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

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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

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Webcasts

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Date modified: 2025-02-27