Case information
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30644
Heather Robertson, et al. v. Thomson Corporation, et al.
(Ontario) (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) |
|---|---|---|
| 2009-10-09 | Payment out cheque issued, ($561.03) | |
| 2009-09-22 | Approved order for payment out, payable to Kirk M. Baert of Koskie Minsky LLP in Toronto (resent to Finance on Oct. 8/09). Documet not microfilmed -see file | |
| 2009-09-15 | Correspondence received from, P. W. Augustine dated Sept. 15/09 re: enclosing an order for payment out the security joint with consent (by fax). Document not microfilmed -see file | Heather Robertson |
| 2006-10-25 | Appeal closed | |
| 2006-10-13 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-10-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-10-12 |
Judgment on re-hearing rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for Ontario, Number C38148, dated October 6, 2004, heard December 6, 2005 and re-heard April 18, 2006, is dismissed. The cross-appeal is allowed with respect to the CD-ROMs only. The Chief Justice and Binnie, Abella and Charron JJ. are dissenting in part on the cross-appeal. Each party is to bear his own costs in this Court. Dismissed |
|
| 2006-04-18 | Judgment reserved on re-hearing | |
| 2006-04-18 |
Re-hearing of the appeal, 2006-04-18, CJ Ba Bi LeB De F Abe Cha Ro Decision reserved |
|
| 2006-04-10 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-04-10 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-04-07 |
Judgment on the appeal rendered, Major J. took no part in the judgment., CJ Ma Ba Bi LeB De F Abe Cha, A re-hearing is ordered. On the consent of the parties, the Court will rehear the appeal by reviewing the transcript and viewing the videotape of the hearing held on December 6, 2005. Any questions arising during the re-hearing shall be addressed to counsel for the parties, in writing. Counsel shall be given the opportunity to answer and reply in writing in accordance with dates as directed by the Registrar. Rehearing ordered |
|
| 2006-04-07 |
Re-hearing scheduled, 2006-04-18 Decision reserved |
|
| 2006-03-20 | Correspondence received from, McGowan & Company re: consent to the rehearing by video and questions and answers in writing. (cc. to all parties) (original filed Mar. 22/06) | Heather Robertson |
| 2006-03-17 | Correspondence received from, Torys re: consent to the rehearing by video and questions and answers in writing. (cc. to all parties) | Thomson Corporation |
| 2006-03-15 | Correspondence (sent by the Court) to, all parties by fax Mar. 16/06 re: rehearing procedure | |
| 2005-12-20 | Transcript received, (98 pages) | |
| 2005-12-14 | Correspondence received from, Gregory S. Tzemenakis dated Dec. 14, 2005 Re: CD Rom replacement | Canadian Newspaper Association and Canadian Community Newspaper Association |
| 2005-12-06 | Acknowledgement and consent for video taping of proceedings, from all parties. | |
| 2005-12-06 |
Hearing of the appeal, 2005-12-06, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2005-12-06 | Supplemental document, Condensed book of the intervener - 12 copies - submitted in Court. | Canadian Newspaper Association and Canadian Community Newspaper Association |
| 2005-12-06 | Respondent's condensed book, 14 copies - distributed at the hearing. | Thomson Corporation |
| 2005-12-06 | Appellant's condensed book, 14 copies - submitted in Court | Heather Robertson |
| 2005-12-05 | Supplemental document, supplemental authorities - 14 copies - submitted in Court. | Heather Robertson |
| 2005-12-05 | Correspondence received from, Aaron M. Sawchuk dated Dec. 5/05 re: Gregory S. Tzemenakis is Ott. agent | Canadian Newspaper Association and Canadian Community Newspaper Association |
| 2005-11-29 | Correspondence received from, Gregory S. Tzemenakis dated Nov. 29/05 re: corrections to their factum (sent to the Court Nov. 30/05) (amended CD Rom requested) | Canadian Newspaper Association and Canadian Community Newspaper Association |
| 2005-11-15 | Notice of appearance, Michael McGowan, Dorothy Fong, Gabrielle Pop-Lazic, Ron Dimock and Sangeetha Punniyamoorthy will be present at the hearing. | Heather Robertson |
| 2005-11-15 |
Order by, Cha, FURTHER TO THE ORDER of Charron J. dated October 28, 2005, granting leave to intervene to the Canadian Newspaper Association and Canadian Community Newspaper Association; IT IS HEREBY FURTHER ORDERED THAT the said interveners are granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2005-11-14 | Notice of appearance, Sheila Block, Wendy Matheson, Andrew Bernstein and Jill Jarvis Tonus will be present at the hearing. | Thomson Corporation |
| 2005-11-14 | Book of authorities, (Vol. I and II), Completed on: 2005-11-14 | Canadian Newspaper Association and Canadian Community Newspaper Association |
| 2005-11-14 | Intervener's factum, (Table of contents and Table of Authorities with proof of service and CD rec'd Nov. 16/05 - revised CD Nov. 18 and Nov. 30/05), Completed on: 2005-11-16 | Canadian Newspaper Association and Canadian Community Newspaper Association |
| 2005-11-07 | Order on motion to extend time | |
| 2005-11-07 |
Decision on motion to extend time, to serve and file the joint factum and book of authorities of the interveners, the Canadian Newspaper Association and the Canadian Community Newspaper Association, to Nov. 14/05, Cha Granted |
|
| 2005-11-04 | Submission of motion to extend time, Cha | |
| 2005-11-04 | Response to motion to extend time, Completed on: 2005-11-04 | Thomson Corporation |
| 2005-11-04 | Response to motion to extend time, Completed on: 2005-11-04 | Heather Robertson |
| 2005-11-04 | Motion to extend time, to file the intervener's factum to Nov. 14/05 (bookform), Completed on: 2005-11-07 | Canadian Newspaper Association and Canadian Community Newspaper Association |
| 2005-10-28 | Order on motion for leave to intervene | |
| 2005-10-28 |
Decision on the motion for leave to intervene, Cha, UPON APPLICATION by the Canadian Newspaper Association and Canadian Community Newspaper Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the applicant, the Canadian Newspaper Association and Canadian Community Newspaper Association, is granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before November 10, 2005. The requests to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be 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 shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2005-10-28 | Submission of motion for leave to intervene, Cha | |
| 2005-10-26 | Appeal perfected for hearing | |
| 2005-10-24 | Respondent's book of authorities, Completed on: 2005-10-24 | Thomson Corporation |
| 2005-10-24 | Respondent's factum, CD rec'd Oct. 26/05, Completed on: 2005-10-24 | Thomson Corporation |
| 2005-10-24 | Respondent's book of authorities, Completed on: 2005-10-24 | Heather Robertson |
| 2005-10-24 | Respondent's factum, Completed on: 2005-10-24 | Heather Robertson |
| 2005-10-06 | Response to the motion for leave to intervene, (Letter Form), from Andrew Bernstein dated Oct. 6/05, Completed on: 2005-10-06 | Thomson Corporation |
| 2005-09-27 | Motion for leave to intervene, (book form), Completed on: 2005-09-27 | Canadian Newspaper Association and Canadian Community Newspaper Association |
| 2005-09-06 | Appellant's book of authorities, Completed on: 2005-09-06 | Thomson Corporation |
| 2005-09-06 | Appellant's factum, Completed on: 2005-09-06 | Thomson Corporation |
| 2005-08-31 | Appellant's book of authorities, Completed on: 2005-08-31 | Heather Robertson |
| 2005-08-31 | Appellant's factum, CD rec'd Sept. 14/05;Revised CD because of format Rec'd Sept 30/05, Completed on: 2005-09-08 | Heather Robertson |
| 2005-08-17 | Appellant's record, Vol. I to Vol. XVII (joint record), Completed on: 2005-08-17 | Heather Robertson |
| 2005-08-15 | Notice of hearing sent to parties | |
| 2005-08-12 |
Appeal hearing scheduled, 2005-12-06, previously Dec. 14/05 and Jan. 12/06 Judgment reserved |
|
| 2005-08-02 | Order on motion to extend time, (BY REGISTRAR) | |
| 2005-08-02 |
Decision on motion to extend time, Reg, UPON APPLICATION by the Appellants in both appeals for an order extending the time for the Appellants in both appeals to serve and file their Joint Appellants' Record and their respective facta and books of authorities to September 6, 2005; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is granted. The Respondents in both appeals shall file their respective facta and book of authorities on or before October 24, 2005. Granted |
|
| 2005-07-29 | Submission of motion to extend time, Reg | |
| 2005-07-25 | Response to motion to extend time, (included in motion), Completed on: 2005-07-25 | Thomson Corporation |
| 2005-07-25 | Motion to extend time, for the appellants to file their joint Appellants' record and their respective facta and authorities to Sept. 6/05 (bookform), Completed on: 2005-07-25 | Heather Robertson |
| 2005-07-21 | Order on miscellaneous motion | |
| 2005-07-21 |
Decision on miscellaneous motion, to file a joint appellants' record which includes documents that exceed the paper size requirement provided by Rule 21, Reg Granted |
|
| 2005-07-19 | Submission of miscellaneous motion, Reg | |
| 2005-07-13 | Response to miscellaneous motion, (included in motion book), Completed on: 2005-07-13 | Thomson Corporation |
| 2005-07-13 | Notice of miscellaneous motion, to file a joint appellants' record including over-sized documents (bookform), Completed on: 2005-07-13 | Heather Robertson |
| 2005-05-16 | Notice of appeal, Completed on: 2005-05-16 | Thomson Corporation |
| 2005-05-10 | Notice of appeal, Completed on: 2005-05-10 | Heather Robertson |
| 2005-04-27 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-04-22 | Judgment on leave sent to the parties | |
| 2005-04-21 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C38148, dated October 6, 2004, are granted with costs to follow in the event. Granted, with costs |
|
| 2005-03-31 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2005-02-01 | Order on motion to extend time | |
| 2005-02-01 |
Decision on motion to extend time, to serve and file the applicants, Thomson Corporation, et al, reply to Jan. 28/05, DeRg Granted |
|
| 2005-02-01 | Submission of motion to extend time, DeRg | |
| 2005-01-28 | Applicant's reply to respondent's argument, Completed on: 2005-01-28 | Thomson Corporation |
| 2005-01-28 | Response to motion to extend time, Completed on: 2005-01-28 | Heather Robertson |
| 2005-01-28 | Motion to extend time, to file the applicant's reply to Jan. 28/05, Completed on: 2005-01-28 | Thomson Corporation |
| 2005-01-24 | Applicant's reply to respondent's argument, Completed on: 2005-01-24 | Heather Robertson |
| 2005-01-17 | Book of authorities, (1st Application) | Thomson Corporation |
| 2005-01-17 | Respondent's response on the application for leave to appeal, (1st Application), Completed on: 2005-01-17 | Thomson Corporation |
| 2005-01-14 | Respondent's response on the application for leave to appeal, (2nd Application), Completed on: 2005-01-14 | Heather Robertson |
| 2005-01-07 | Order on motion to extend time | |
| 2005-01-07 |
Decision on motion to extend time, to serve and file the respondent by cross-appeal response to Jan. 17/05, DeRg Granted |
|
| 2005-01-06 | Submission of motion to extend time, DeRg | |
| 2005-01-06 | Response to motion to extend time, (included in motion book), Completed on: 2005-01-06 | Thomson Corporation |
| 2004-12-22 | Motion to extend time, to file the respondent's response (by cross-appeal) to Jan. 17/05 (bookform), Completed on: 2004-12-22 | Heather Robertson |
| 2004-12-22 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2004-12-15 | Order on motion to extend time | |
| 2004-12-15 |
Decision on motion to extend time, to serve and file the respondents' response to Jan. 17/05, Reg Granted |
|
| 2004-12-15 | Submission of motion to extend time, Reg | |
| 2004-12-15 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2004-12-14 | Response to motion to extend time, (included in motion), Completed on: 2004-12-14 | Heather Robertson |
| 2004-12-14 | Motion to extend time, to file the response to Jan. 17, 2005, Completed on: 2004-12-14 | Thomson Corporation |
| 2004-12-03 | Book of authorities | Thomson Corporation |
| 2004-12-03 | Application for leave to appeal, SECOND APPLICATION, Completed on: 2004-12-15 | Thomson Corporation |
| 2004-12-02 | Book of authorities | Heather Robertson |
| 2004-12-02 | Application for leave to appeal, FIRST APPLICATION (amended page 61 of the C/A reasons rec'd Feb. 2/05), Completed on: 2004-12-15 | Heather Robertson |
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 |
|---|---|---|
| Robertson, Heather | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Thomson Corporation | Respondent | Active |
| Thomson Canada Limited, Thomson Affiliates, Information Access Company and Bell Globemedia Publishing Inc. | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Thomson Corporation | Appellant | Active |
| Thomson Canada Limited, Thomson Affiliates, Information Access Company and Bell Globemedia Publishing Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Robertson, Heather | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Newspaper Association and Canadian Community Newspaper Association | Intervener | Active |
Counsel
Party: Robertson, Heather
Counsel
Dorothy Fong
Ronald E. Dimock
Sangeetha Punniyamoorthy
Gabrielle Pop-Lazic
10, Bay street
Suite 1400
Toronto, Ontario
M5J 2R8
Telephone: (416) 363-2239
FAX: (416) 363-1875
Email: mm@mcgowanlaw.ca
Agent
141, Laurier Avenue West
Suite 1100
Ottawa, Ontario
K1P 5J3
Telephone: (613) 569-9500
FAX: (613) 569-9522
Party: Thomson Corporation
Counsel
Wendy Matheson
Andrew Bernstein
Jill Jarvis Tonus
Suite 3000, 79 Wellington Street West
P.O. Box 270, Toronto Dominion Centre
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7319
FAX: (416) 865-7380
Email: sblock@torys.com
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: Thomson Canada Limited, Thomson Affiliates, Information Access Company and Bell Globemedia Publishing Inc.
Counsel
Wendy Matheson
Andrew Bernstein
Suite 3000, 79 Wellington Street West
P.O. Box 270, Toronto Dominion Centre
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7319
FAX: (416) 865-7380
Email: sblock@torys.com
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: Canadian Newspaper Association and Canadian Community Newspaper Association
Counsel
Thomas G. Heintzman, Q.C.
P.O. Box 48, Suite 4700, T-D Bank Tower
Toronto-Dominion Centre
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7949
FAX: (416) 868-0673
Agent
40 Elgin Street
Suite 1400
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: gtzemena@mccarthy.ca
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.
The Respondents are, respectively, a holding company, a subsidiary, a non-legal entity, another subsidiary, and the current publisher of The Globe and Mail (the “Globe”). The Appellant is an author. She wrote two freelance articles that were published in the Globe in 1995. One, a book excerpt, was the subject of a written agreement between the Globe and the Appellant’s publisher; the other, a book review, was written under an oral agreement. Copyright was not addressed in either case. The Globe’s owners placed the articles in three databases: Info Globe Online, CPI.Q (the electronic version of the Canadian Periodical Index), and CD-ROM. The Appellant argues that they thereby infringed her copyright.
Since the late-1970s, the Globe has been produced in both newsprint and electronic editions. Electronic editions include the day’s articles and stories, headlines, and by-lines (including author credentials). The Appellant does not take issue with the daily electronic editions.
In 1996, the Respondents instituted a written contract expressly granting it certain electronic rights in freelance work; the agreement was later modified to expand the electronics rights clause.
The action initiated by the Appellant in defence of her copyright was certified as a class action, with the class consisting of all freelance contributors to the Globe other than those who died on or before December 31, 1942. The Appellant brought a motion for partial summary judgment and an injunction restraining the use of her works in the databases. She argued that the reproduction of her articles in the three databases did not fall within the Respondents’ copyright in the collective work and that the reproduction infringed the individual copyright she had in her work. It was common ground that the Respondents had the right to archive the Globe in order to make back issues available, and no issue was taken with respect to the microfilm or microfiche archives. The application for partial summary judgment was dismissed by Cumming J., who found that genuine issues remained for trial. The Court of Appeal dismissed both an appeal and a cross-appeal.
Lower court rulings
Ontario Superior Court of Justice
96-CU-110595
Applicant's motion for partial summary judgment granting a permanent injunction, dismissed; Applicant's motion for trial of the issue, dismissed
Court of Appeal for Ontario
C38148
Applicant's appeal and Respondent's cross-appeal, against the judgment of Cumming J. dated October 3, 2001, 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.
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