Case information
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29320
The Law Society of Upper Canada, et al. v. CCH Canadian Limited, et al.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Date | Proceeding | Filed By (if applicable) |
---|---|---|
2004-04-21 | Appeal closed | |
2004-04-20 | Order on motion to vary pronouncement / order | |
2004-04-20 |
Decision on motion to vary pronouncement / order, CJ Ia Ma Ba Bi Arb LeB De F, UPON APPLICATIONS by the respondents (appellants on cross-appeal) for a rehearing on the issue of costs and to amend the judgment in the above appeal; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motions are dismissed with costs. Dismissed, with costs |
|
2004-04-07 | Submission of motion to vary pronouncement / order, CJ Ia Ma Ba Bi Arb LeB De F | |
2004-03-26 | Correspondence received from, Roger T. Hughes, Q.C. dated 03/26/04 in response to Gowlings' letter of 03/24/04 (sent to the judges April 7/04) | CCH Canadian Limited |
2004-03-26 | Response to motion to vary pronouncement / order, to both motions (bookform) (sent to the judges April 7/04), Completed on: 2004-03-31 | The Law Society of Upper Canada |
2004-03-26 | Correspondence received from, Gowlings dated 03/24/04 re: two motions dated March 11 and March 17, 2004 | The Law Society of Upper Canada |
2004-03-17 | Motion to vary pronouncement / order, (to amend the judgment pronounced 03/04/04)(affidavit of Glen A. Bloom in bookform) (sent to the judges April 7/04), Completed on: 2004-03-17 | CCH Canadian Limited |
2004-03-12 | Motion to vary pronouncement / order, on the question of costs (affidavit of Arthur B. Renaud in bookform) (sent to the judges April 7/04), Completed on: 2004-03-12 | CCH Canadian Limited |
2004-03-08 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
2004-03-04 |
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, Numbers A-806-99, A-807-99, A-808-99, dated May 14, 2002, heard on November 10, 2003 is allowed. The cross-appeal is dismissed. Given the appellant's success on the appeal and cross-appeal, it is entitled to costs throughout. Allowed, with costs |
|
2004-03-04 |
Judgment on the cross-appeal rendered, CJ Ia Ma Ba Bi Arb LeB De F, The appeal from the judgment of the Federal Court of Appeal, Numbers A-806-99, A-807-99, A-808-99, dated May 14, 2002, heard on November 10, 2003 is allowed. The cross-appeal is dismissed. Given the appellant's success on the appeal and cross-appeal, it is entitled to costs throughout. Dismissed, with costs |
|
2003-11-24 | Transcript received, (85 pages) | |
2003-11-10 | Judgment reserved OR rendered with reasons to follow | |
2003-11-10 | Acknowledgement and consent for video taping of proceedings, from all parties | |
2003-11-10 | Hearing of the appeal, 2003-11-10, CJ Ia Ma Ba Bi Arb LeB De F | |
2003-11-10 | Respondent's condensed book, Appellants in cross-appeal | CCH Canadian Limited |
2003-11-07 | Supplemental document, Condensed book of the Intervener | The Canadian Publishers' Council and Association of Canadian Publishers |
2003-11-07 | Appellant's condensed book | The Law Society of Upper Canada |
2003-10-28 | Notice of appearance, from Ogilvy Renault | La Société québécoise de gestion collective des droits de reproduction (COPIBEC) and The Canadian Copyright Licensing Agency (ACCESS COPYRIGHT) |
2003-10-27 | Notice of appearance, From Christina Christie | The Federation of Law Societies of Canada |
2003-10-10 | Supplemental document, Supplemental Book of Authorities | CCH Canadian Limited |
2003-09-17 |
Order by, Bi, UPON APPLICATION by the Federation of Law Societies of Canada, the Canadian Publishers' Council and Association of Canadian Publishers and La Société québécoise de gestion collective des droits de reproduction and The Canadian Copyright Licensing Agency for leave to intervene in the above appeal and pursuant to the order of July 15, 2003; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes in total at the hearing of the appeal. Granted |
|
2003-09-09 | Intervener's factum, (see order), Completed on: 2003-09-09 | The Canadian Publishers' Council and Association of Canadian Publishers |
2003-09-09 | Book of authorities, vol. 1 to 4, Completed on: 2003-09-09 | The Canadian Publishers' Council and Association of Canadian Publishers |
2003-09-09 | Book of authorities, Completed on: 2003-09-09 | La Société québécoise de gestion collective des droits de reproduction (COPIBEC) and The Canadian Copyright Licensing Agency (ACCESS COPYRIGHT) |
2003-09-09 | Intervener's factum, (see order), Completed on: 2003-09-09 | La Société québécoise de gestion collective des droits de reproduction (COPIBEC) and The Canadian Copyright Licensing Agency (ACCESS COPYRIGHT) |
2003-09-08 | Intervener's factum, (see order), Completed on: 2003-09-08 | The Federation of Law Societies of Canada |
2003-08-29 | Notice of hearing sent to parties | |
2003-08-28 | Appeal hearing scheduled, 2003-11-10 | |
2003-08-06 | Appeal perfected for hearing | |
2003-07-28 | Order on motion to extend time | |
2003-07-28 |
Decision on motion to extend time, Reg, to serve and file the appellant Law Society of Upper Canada's factum on cross-appeal and book of authorities to July 18, 2003, nunc pro tunc. Granted |
|
2003-07-28 | Submission of motion to extend time, Reg | |
2003-07-24 | Response to motion to extend time, (Letter Form), from Osler, Oskin dated July 23, 2003, Completed on: 2003-07-24 | CCH Canadian Limited |
2003-07-21 | Motion to extend time, to file the factum on cross-appeal, Completed on: 2003-07-21 | The Law Society of Upper Canada |
2003-07-18 | Respondent's book of authorities - cross appeal, Completed on: 2003-07-18 | The Law Society of Upper Canada |
2003-07-18 | Respondent's factum - cross appeal, Completed on: 2003-07-18 | The Law Society of Upper Canada |
2003-07-15 | Order on motion for leave to intervene, (BY BINNIE J.) | |
2003-07-15 |
Decision on the motion for leave to intervene, Bi, 1. The motion for leave to intervene of the applicant, the FEDERATION OF LAW SOCIETIES OF CANADA is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. 2. The motion for leave to intervene of the applicants, the CANADIAN PUBLISHERS' COUNCIL and ASSOCIATION OF CANADIAN PUBLISHERS is granted and the applicants shall be entitled to serve and file a joint factum not to exceed 20 pages in length. 3. The motion for leave to intervene of the applicants, LA SOCIÉTÉ QUÉBÉCOISE DE GESTION COLLECTIVE DES DROITS DE REPRODUCTION and THE CANADIAN COPYRIGHT LICENSING AGENCY 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 intervener. 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 appellant and respondents any additional disbursements occasioned to the appellant and respondents by the interventions. Granted |
|
2003-07-15 | Submission of motion for leave to intervene, Bi | |
2003-07-03 | Response to the motion for leave to intervene, (Letter Form), from Gowlings dated June 30, 2003 re: response to the 3 interventions, Completed on: 2003-07-03 | The Law Society of Upper Canada |
2003-06-27 | Appellant's book of authorities - cross appeal, (joint)(vol. 1 and 2), Completed on: 2003-06-27 | CCH Canadian Limited |
2003-06-27 | Respondent's book of authorities, (joint)(vol. 1 and 2), Completed on: 2003-06-27 | CCH Canadian Limited |
2003-06-27 | Appellant's factum - cross appeal, (joint), Completed on: 2003-06-27 | CCH Canadian Limited |
2003-06-27 | Respondent's factum, (joint with cross-appeal), Completed on: 2003-06-27 | CCH Canadian Limited |
2003-06-16 | Reply to the motion for leave to intervene, book form, Completed on: 2003-06-16 | The Federation of Law Societies of Canada |
2003-06-09 | Respondent's record, Vol. I to V, Completed on: 2003-06-09 | CCH Canadian Limited |
2003-06-09 | Response to the motion for leave to intervene, re: intervention by Federation of law societies of Canada, Completed on: 2003-06-09 | CCH Canadian Limited |
2003-05-30 | Motion for leave to intervene, to file a factum and present oral argument (book form), Completed on: 2003-05-30 | La Société québécoise de gestion collective des droits de reproduction (COPIBEC) and The Canadian Copyright Licensing Agency (ACCESS COPYRIGHT) |
2003-05-30 | Motion for leave to intervene, to file a factum and present oral argument (book form), Completed on: 2003-05-30 | The Federation of Law Societies of Canada |
2003-05-30 | Motion for leave to intervene, to file a factum and present oral argument (book form), Completed on: 2003-05-30 | The Canadian Publishers' Council and Association of Canadian Publishers |
2003-05-12 | Order on motion to extend time | |
2003-05-12 |
Decision on motion to extend time, to serve and file the appellant's factum to May 2/03 and book of authorities to May 5/03, Reg Granted |
|
2003-05-12 | Submission of motion to extend time, Reg | |
2003-05-09 | Motion to extend time, to file the factum to May 2, 2003 and authorities to May 5, 2003, Completed on: 2003-05-09 | The Law Society of Upper Canada |
2003-05-05 | Appellant's book of authorities, (extension of time requested), Completed on: 2003-05-12 | The Law Society of Upper Canada |
2003-05-02 | Appellant's factum, (extension of time requested), Completed on: 2003-05-12 | The Law Society of Upper Canada |
2003-04-14 |
Appellant's record, Volume 1 and II (24 copies) Volume III to XI (12 copies), Completed on: 2003-05-05 |
The Law Society of Upper Canada |
2003-01-13 | Notice of appeal, Completed on: 2003-01-13 | The Law Society of Upper Canada |
2002-12-16 | Notice of cross appeal, Completed on: 2002-12-16 | CCH Canadian Limited |
2002-12-13 | Judgment on leave sent to the parties | |
2002-12-13 | Judgment on leave sent to the parties | |
2002-12-12 |
Judgment of the Court on the application for leave to cross-appeal Granted, with costs in the cause |
|
2002-12-12 |
Judgment of the Court on the application for leave to appeal, CJ Ba De, The application for an extension of time and the applications for leave to appeal and for leave to cross-appeal from the judgment of the Federal Court of Appeal, Numbers A-806-99, A-807-99 and A-808-99, dated May 14, 2002, are granted with costs in the cause. Granted, with costs in the cause |
|
2002-12-12 |
Decision on motion to extend time to file and /or serve the leave application, CJ Ba De Granted, with costs in the cause |
|
2002-11-12 | All material on the application for leave to cross-appeal submitted to the Judges, CJ Ba De | |
2002-11-12 | All materials on application for leave submitted to the Judges, CJ Ba De | |
2002-11-12 | Submission of motion to extend time to file and/ or serve the leave application, CJ Ba De | |
2002-10-28 | Reply to the memorandum in response to the argument on cross-appeal, Completed on: 2002-10-28 | CCH Canadian Limited |
2002-10-21 | Applicant's reply to respondent's argument, (joint with response to cross-appeal), Completed on: 2002-10-21 | The Law Society of Upper Canada |
2002-10-21 | Memorandum of argument in response to the cross-appeal, (joint with applicant's reply), Completed on: 2002-10-21 | The Law Society of Upper Canada |
2002-09-19 | Application for leave to cross-appeal, (joint in the response to the leave application), Completed on: 2002-09-19 | CCH Canadian Limited |
2002-09-19 | Respondent's response on the application for leave to appeal, Completed on: 2002-09-19 | CCH Canadian Limited |
2002-09-12 | Letter acknowledging receipt of a complete application for leave to appeal | |
2002-08-27 | Motion to extend the time to file and or serve the application for leave to appeal, (include in application for leave), Completed on: 2002-08-27 | The Law Society of Upper Canada |
2002-08-27 | Application for leave to appeal, (extension of time included), Completed on: 2002-08-27 | The Law Society of Upper Canada |
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
Name | Role | Status |
---|---|---|
The Law Society of Upper Canada | Appellant / Respondent on cross-appeal | Active |
v.
Name | Role | Status |
---|---|---|
CCH Canadian Limited | Respondent / Appellant on cross-appeal | Active |
And Between
Name | Role | Status |
---|---|---|
The Law Society of Upper Canada | Appellant / Respondent on cross-appeal | Active |
v.
Name | Role | Status |
---|---|---|
Thomson Canada Limited c.o.b. as Carswell Thomson Professional Publishing | Respondent / Appellant on cross-appeal | Active |
And Between
Name | Role | Status |
---|---|---|
The Law Society of Upper Canada | Appellant / Respondent on cross-appeal | Active |
v.
Name | Role | Status |
---|---|---|
Canada Law Book Inc. | Respondent / Appellant on cross-appeal | Active |
Other parties
Name | Role | Status |
---|---|---|
The Canadian Publishers' Council and Association of Canadian Publishers | Intervener | Active |
The Federation of Law Societies of Canada | Intervener | Active |
La Société québécoise de gestion collective des droits de reproduction (COPIBEC) and The Canadian Copyright Licensing Agency (ACCESS COPYRIGHT) | Intervener | Active |
Counsel
Party: The Law Society of Upper Canada
Counsel
L. A. Kelly Gill
Kevin J. Sartorio
4900 Commerce Court West
P.O. Box 438, Stn. Commerce Crt.
Toronto, Ontario
M5L 1J3
Telephone: (416) 862-5400
FAX: (416) 862-7661
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: CCH Canadian Limited
Counsel
Arthur B. Renaud
Elizabeth Valentina
Glen A. Bloom
330 University Ave.
6th Fl.
Toronto, Ontario
M5G 1R7
Telephone: (416) 595-1155
FAX: (416) 595-1163
Email: hughes@sim-hughes.com
Agent
1500-50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1073
FAX: (613) 235-2867
Email: gbloom@osler.com
Party: Thomson Canada Limited c.o.b. as Carswell Thomson Professional Publishing
Counsel
Arthur B. Renaud
Elizabeth Valentina
330 University Ave.
6th Fl.
Toronto, Ontario
M5G 1R7
Telephone: (416) 595-1155
FAX: (416) 595-1163
Email: hughes@sim-hughes.com
Agent
1500-50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1073
FAX: (613) 235-2867
Email: gbloom@osler.com
Party: Canada Law Book Inc.
Counsel
Arthur B. Renaud
Elizabeth Valentina
330 University Ave.
6th Fl.
Toronto, Ontario
M5G 1R7
Telephone: (416) 595-1155
FAX: (416) 595-1163
Email: hughes@sim-hughes.com
Agent
1500-50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1073
FAX: (613) 235-2867
Email: gbloom@osler.com
Party: The Canadian Publishers' Council and Association of Canadian Publishers
Counsel
Barry B. Sookman
4700 TD Bank Tower
PO Box 48
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7627
FAX: (416) 868-0673
Email: theintzm@mccarthy.ca
Agent
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
Party: The Federation of Law Societies of Canada
Counsel
Christine J. Collard
Kevin L. LaRoche
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: La Société québécoise de gestion collective des droits de reproduction (COPIBEC) and The Canadian Copyright Licensing Agency (ACCESS COPYRIGHT)
Counsel
Benoît Clermont
Madeleine Lamothe-Samson
1981, avenue McGill College
Bureau 1100
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Agent
45 O'Connor Street
Suite 1600
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Summary
Keywords
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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
Federal Court of Canada, Trial Division
T-1618-93, T-1619-93, T-1620-93
Respondents' actions allowed in part: Appellant infringed copyright in certain works; Appellant's counterclaims dismissed
Federal Court of Appeal
A-806-99, A-807-99, A-808-99
Respondents' appeal allowed in part; Appellant's cross-appeal 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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Related links
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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