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Case information

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30776

Retail Council of Canada, et al. v. Canadian Private Copying Collective ("CPCC")

(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)
2005-08-02 Close file on Leave
2005-07-29 Judgment on leave sent to the parties
2005-07-28 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Numbers A-10-04, A-11-04 and A-9-04, dated December 14, 2004, is dismissed with costs to the respondent.
Dismissed, with costs
2005-06-20 All materials on application for leave submitted to the Judges, Ma F Abe
2005-04-22 Order on motion to leave to intervene, (BY CHARRON J.)
2005-04-22 Decision on motion for leave to intervene, Cha, UPON APPLICATION by ASI Computer Technologies, Inc. and ASI Computer Technologies (Canada) Corp. for leave to intervene in the above mentioned application for leave to appeal;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
There is no need for an intervention at this stage of the proceedings.
The motion is dismissed without prejudice to the applicants' right to apply for leave to intervene in the appeal, in the usual manner, if the Court grants the application for leave to appeal.
Dismissed
2005-04-21 Submission of motion for leave to intervene, Cha
2005-04-12 Response to the motion for leave to intervene, e-mail from Howard Knopf dated Apr. 12/05, Completed on: 2005-04-12 Retail Council of Canada
2005-03-24 Applicant's reply to respondent's argument, Completed on: 2005-03-24 Retail Council of Canada
2005-03-21 Response to the motion for leave to intervene, (bookform), Completed on: 2005-04-11 Canadian Private Copying Collective ("CPCC")
2005-03-14 Respondent's response on the application for leave to appeal, Service missing (received March 29, 2005), Completed on: 2005-03-29 Canadian Private Copying Collective ("CPCC")
2005-03-14 Motion for leave to intervene, (bookform), Completed on: 2005-03-14 ASI Computer Technologies, Inc. and ASI Computer Technologies (Canada) Corp.
2005-02-22 Letter acknowledging receipt of a complete application for leave to appeal
2005-02-11 Application for leave to appeal, 2 Volumes, Completed on: 2005-02-11 Retail Council of 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

Main parties - Appellants
Name Role Status
Retail Council of Canada Applicant Active
Wal-Mart Canada, Business Depot Ltd. (Staples Business Depot), London Drugs Limited, Intertan Inc. (Radioshack Canada), Future Shop Ltd. and Costco Wholesale Canada Ltd. ("Retailers") Applicant Active

v.

Main parties - Respondents
Name Role Status
Canadian Private Copying Collective ("CPCC") Respondent Active

Other parties

Other parties
Name Role Status
Copyright Board of Canada Intervener Active

Counsel

Party: Retail Council of Canada

Counsel
Howard P. Knopf
John S. Macera
Macera & Jarzyna
427 Laurier Avenue West, Suite 1200
P.O. Box 2008, Station D
Ottawa, Ontario
K1P 5W3
Telephone: (613) 238-8173
FAX: (613) 235-2508
Email: howard.knopf@macerajarzyna.com

Party: Wal-Mart Canada, Business Depot Ltd. (Staples Business Depot), London Drugs Limited, Intertan Inc. (Radioshack Canada), Future Shop Ltd. and Costco Wholesale Canada Ltd. ("Retailers")

Counsel
Howard P. Knopf
John S. Macera
Macera & Jarzyna
427 Laurier Avenue West, Suite 1200
P.O. Box 2008, Station D
Ottawa, Ontario
K1P 5W3
Telephone: (613) 238-8173
FAX: (613) 235-2508
Email: howard.knopf@macerajarzyna.com

Party: Canadian Private Copying Collective ("CPCC")

Counsel
David R. Collier
Claude Brunet
Ogilvy Renault
1100 - 1981 Av. McGill College
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474

Party: Copyright Board of Canada

Counsel
Michel Bouchard
1221 Boul. Pie XI Nord
CP 4430
Val-Bélair, Quebec
G0A 1G0
Telephone: (418) 842-0996

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

December 12, 2003
Copyright Board Canada


Copyright Act, R.C.S. 1985, c. C-42, Part VIII found to be constitutional, zero-rating program found to have been created without authority, levies set pursuant to Part VIII

December 14, 2004
Federal Court of Appeal

A-10-04, A-11-04, A-9-04

Retailers' applications 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

Not available

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