Case information

Courts — Federal Court — Discretionary orders — Extension of time — Costs — Security for costs — Whether the matters raised are of public or national importance — Whether the Court of Appeal erred in denying Mr. Williams an extension of time —Whether the Court of Appeal erred in ordering security for costs.

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Mr. Williams filed an application alleging that the respondents had knowingly violated his copyright and moral rights, acted in bad faith, violated the law of estoppel of licences, and infringed his copyright by repudiating the Artist Agreement he had made with CD Baby, an online digital content distributor.

Mr. Williams’ application was dismissed with elevated costs. Mr. Williams appealed both components of the order. The Court of Appeal granted a motion to extend time to appeal the substantive decision of Zinn J., but dismissed the motion to extend time to appeal the costs decision and dismissed that appeal. It ordered the parties to settle the contents of the appeal book on certain terms. A single judge of the Court of Appeal later granted the respondents an extension of time to serve and file their responding record. She also ordered that Mr. Williams provide security for costs, on terms which included that failure to pay the security for costs into court within 30 days could result in the appeal being dismissed.