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37679

Rogers Communications Inc. v. Voltage Pictures, LLC, et al.

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

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

v.

Other parties

Counsel

Party: Rogers Communications Inc.

Counsel
Andrew Bernstein
James Gotowiec
Nic Wall
Torys LLP
79 Wellington St. West
Suite 3000, Box 270, TD South Tower
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7678
FAX: (416) 865-7380
Email: abernstein@torys.com
Agent
Sophie Arseneault
Fasken Martineau DuMoulin LLP
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com

Party: Voltage Pictures, LLC

Counsel
Kenneth R. Clark
Paul V. McCallen
Patrick Copeland
Aird & Berlis LLP
181 Bay Street, Suite 1800
P.O. Box 754
Toronto, Ontario
M5J 2T9
Telephone: (416) 863-1500
FAX: (416) 863-1515
Email: kclark@airdberlis.com
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Cobbler Nevada, LLC, PTG Nevada, LLC, Clear Skies Nevada, LLC, Glacier Entertainment S.A.R.L. of Luxemburg, Glacier Films 1, LLC and Fathers & Daughters Nevada, LLC

Counsel
Kenneth R. Clark
Paul V. McCallen
Patrick Copeland
Aird & Berlis LLP
181 Bay Street, Suite 1800
P.O. Box 754
Toronto, Ontario
M5J 2T9
Telephone: (416) 863-1500
FAX: (416) 863-1515
Email: kclark@airdberlis.com
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Samuel-Glushko Canadian Internet Policy & Public Interest Clinic

Counsel
Jeremy de Beer
Bram Abramson
Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic
University of Ottawa, Faculty of Law, Common Law Section
57 Louis Pasteur Street
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 2553
FAX: (613) 562-5417
Email: jdebeer@uottawa.ca
Agent
Tamir Israel
Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic
University of Ottawa, Faculty of Law, Common Law Section
57 Louis Pasteur Street
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 2914
FAX: (613) 562-5417
Email: tisrael@cippic.ca

Party: Bell Canada Inc., Canadian Network Operators Consortium Inc., Cogeco Inc., Quebecor Media Inc.

Counsel
Gerald L. (Jay) Kerr-Wilson
Ariel Thomas
Christopher Ferguson
Fasken Martineau DuMoulin LLP
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: jkerrwilson@fasken.com

Party: Saskatchewan Telecommunications Holding Corporation, Shaw Communications Inc., TekSavvy Solutions Inc., Telus Communications Inc. and Xplornet Communications Inc.

Counsel
Gerald L. (Jay) Kerr-Wilson
Ariel Thomas
Christopher Ferguson
Fasken Martineau DuMoulin LLP
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: jkerrwilson@fasken.com

Summary

Keywords

Legislation - Interpretation - Intellectual property - Copyright - Whether the Court of Appeal erred in concluding that the Notice and Notice provisions altered the common law and created a special category of Norwich orders in which ISPs are not entitled to be reimbursed for their costs.

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 respondent movie producers allege that persons are engaging in illegal file sharing of their movies over the Internet. They have initiated a proposed class proceeding claiming declaratory, injunctive and other relief against a proposed representative respondent whose identity was unknown to them. They brought a motion for an order compelling the appellant (“Rogers”) to disclose any and all contact and personal information of a Rogers customer associated with an identified Internet protocol address and specified times and dates. The respondents and Rogers are at odds over whether Rogers should be compensated for providing the disclosure.

The Federal Court granted an order for disclosure of the customer’s name and address only. The Court held that since the disclosure was not part of the notice and notice scheme under ss. 41.25 and 41.26 of the Copyright Act, R.S.C. 1985, c. C-42 (the “Act”), Rogers could claim compensation for its hourly fee to assemble, verify and transmit the information. The Federal Court of Appeal allowed the appeal and set aside the order requiring payment of Rogers’ fee and costs. The Court held that since all but the transmitting of the disclosed information came under the services contemplated by ss. 41.25 and 41.26, Rogers should not be entitled to reimbursement for statutory obligations which the Legislator had decided not to remunerate at this time. Since Rogers had failed to meet its burden of proving what the costs of transmittal would be, no fee was payable.

Lower court rulings

July 28, 2016
Federal Court

T-662-16, 2016 FC 881

Order that applicant disclose to respondents certain subscriber information and be paid an hourly fee

May 9, 2017
Federal Court of Appeal

A-278-16, 2017 FCA 97

Appeal allowed; directions that respondents pay applicant an hourly fee for information and pay costs of motion, set aside. Applicant ordered to pay costs before FC and FCA

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

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

Webcasts

Select format
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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)
2018-09-20 Appeal closed
2018-09-17 Formal judgment sent to the registrar of the court of appeal and all parties
2018-09-17 Judgment on appeal and notice of deposit of judgment sent to all parties
2018-09-14 Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar,
The appeal from the judgment of the Federal Court of Appeal, Number A-278-16, 2017 FCA 97, dated May 9, 2017, heard on April 26, 2018, is allowed. The matter is remitted to the motion judge to determine the quantum of the appellant’s entitlement to its reasonable costs of compliance with the Norwich order. The appellant is entitled to adduce new evidence to prove those reasonable costs. The motion judge’s order awarding the appellant its legal costs of $500 is restored. The parties shall bear their own costs in this Court and in the Federal Court of Appeal.
Allowed, without costs
2018-06-26 Correspondence received from, (Letter Form), Letter regarding decision of the Supreme Court of the United Kingdom. Voltage Pictures, LLC
2018-06-20 Correspondence received from, (Letter Form), Copy of the decision from the Supreme Court of the United Kingdom from (Cartier International v. British Telecommunications) cited in the Respondent's factum. Rogers Communications Inc.
2018-05-08 Transcript received, 120 pages
2018-04-26 Judgment reserved OR rendered with reasons to follow
2018-04-26 Hearing of the appeal, 2018-04-26, CJ Abe Mo Ka Ga Côt Br Row Mar
Judgment reserved
2018-04-26 Intervener's condensed book, (Book Form), 14 copies (submitted in courtroom) Samuel-Glushko Canadian Internet Policy & Public Interest Clinic
2018-04-26 Respondent's condensed book, (Book Form), 14 copies (Submitted in courtroom) Voltage Pictures, LLC
2018-04-26 Appellant's condensed book, (Book Form), 14 copies (submitted in courtroom) Rogers Communications Inc.
2018-04-23 Reply factum on appeal, (Book Form), Completed on: 2018-04-23 Voltage Pictures, LLC
2018-04-20 Correspondence received from, (Letter Form), Sophie Arseneault. Request for 4 reserved seats. Rogers Communications Inc.
2018-04-20 Notice of appearance, (Letter Form), Jeremy de Beer and Bram Abramson will be appearing. Mr. de Beer will present oral argument. Request for 3 reserved seats. Samuel-Glushko Canadian Internet Policy & Public Interest Clinic
2018-04-18 Notice of appearance, (Letter Form), Gerald Kerr-Wilson, Ariel Thomas and Christopher Ferguson will be appearing. Mr. Kerr-Wilson will present oral argument. Request for 4 reserved seats. Bell Canada Inc., Canadian Network Operators Consortium Inc., Cogeco Inc., Quebecor Media Inc.
2018-04-18 Intervener's factum, (Book Form), Completed on: 2018-04-18 Samuel-Glushko Canadian Internet Policy & Public Interest Clinic
2018-04-18 Intervener's factum, (Book Form), Completed on: 2018-04-18 Bell Canada Inc., Canadian Network Operators Consortium Inc., Cogeco Inc., Quebecor Media Inc.
2018-04-18 Correspondence received from, (Letter Form), Ariel Thomas. Request for 4 reserved seats. Bell Canada Inc., Canadian Network Operators Consortium Inc., Cogeco Inc., Quebecor Media Inc.
2018-04-16 Correspondence received from, (Letter Form), Sophie Arseneault. RE: Proposed change to the counsels sheet. Rogers Communications Inc.
2018-04-16 Correspondence received from, (Letter Form), Kenneth Clark. RE: Proposed change to the counsels sheet. Voltage Pictures, LLC
2018-04-16 Correspondence received from, (Letter Form), Jay Kerr-Wilson. RE: Proposed change to the counsels sheet. Bell Canada Inc., Canadian Network Operators Consortium Inc., Cogeco Inc., Quebecor Media Inc.
2018-04-16 Correspondence received from, (Letter Form), Tamir Israel. Proposed change to the counsels sheet. Samuel-Glushko Canadian Internet Policy & Public Interest Clinic
2018-04-12 Notice of appearance, (Letter Form), Kenneth Clark, Paul McCallan and Patrick Copeland will be appearing. Mr. Clark and Mr. Copeland will present oral argument. Voltage Pictures, LLC
2018-04-09 Notice of appearance, (Letter Form), Andrew Bernstein, James Gotowiec and Nic Wall will be appearing. Mr. Bernstein will present oral argument. Request for 3 reserved seats. Rogers Communications Inc.
2018-04-05 Appeal perfected for hearing
2018-03-28 Correspondence received from, (Letter Form), Marie-France Major. Request for 4 reserved seats. Voltage Pictures, LLC
2018-03-27 Respondent's book of authorities, (Book Form), Completed on: 2018-03-27 Voltage Pictures, LLC
2018-03-27 Respondent's factum, (Book Form), Completed on: 2018-03-27 Voltage Pictures, LLC
2018-03-23 Order on motion for leave to intervene, (BY JUSTICE KARAKATSANIS)
2018-03-23 Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic and by Bell Canada Inc., the Canadian Network Operators Consortium Inc., Cogeco Inc., Quebecor Media Inc., the Saskatchewan Telecommunications Holding Corporation, Shaw Communications Inc., TekSavvy Solutions Inc., Telus Communications Inc. and Xplornet Communications Inc. (jointly) for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The two motions for leave to intervene are granted and the single and joint interveners are each entitled to serve and file a factum not exceeding ten (10) pages in length on or before April 18, 2018.
The single and joint interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The respondents are granted permission to file a reply factum not to exceed ten (10) pages in length on or before April 24, 2018.
The interveners are not 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 the respondents any additional disbursements resulting from their intervention.
Granted
2018-03-23 Submission of motion for leave to intervene, Ka
2018-03-22 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-03-22 Bell Canada Inc., Canadian Network Operators Consortium Inc., Cogeco Inc., Quebecor Media Inc.
2018-03-20 Correspondence received from, (Letter Form), Counsel for the Intervener, CIPPIC, re: letter to the Registrar. Samuel-Glushko Canadian Internet Policy & Public Interest Clinic
2018-03-19 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-03-19 Samuel-Glushko Canadian Internet Policy & Public Interest Clinic
2018-03-16 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-03-16 Voltage Pictures, LLC
2018-03-15 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-03-15 Rogers Communications Inc.
2018-03-12 Certificate (on limitations to public access), (Letter Form) Bell Canada Inc., Canadian Network Operators Consortium Inc., Cogeco Inc., Quebecor Media Inc.
2018-03-12 Notice of name, (Letter Form) Bell Canada Inc., Canadian Network Operators Consortium Inc., Cogeco Inc., Quebecor Media Inc.
2018-03-12 Motion for leave to intervene, (Book Form), (original copies of all Nine (9) affidavits - filed on March 13, 2018), Completed on: 2018-03-12 Bell Canada Inc., Canadian Network Operators Consortium Inc., Cogeco Inc., Quebecor Media Inc.
2018-03-12 Notice of name, (Letter Form) Samuel-Glushko Canadian Internet Policy & Public Interest Clinic
2018-03-12 Motion for leave to intervene, (Book Form), Completed on: 2018-03-12 Samuel-Glushko Canadian Internet Policy & Public Interest Clinic
2018-03-12 Notice of hearing sent to parties
2018-03-12 Appeal hearing scheduled, 2018-04-26
Judgment reserved
2018-03-09 Correspondence received from, (Letter Form), Respondents, re: request 2 reserved seats. Voltage Pictures, LLC
2018-02-12 Certificate of counsel (attesting to record), (Letter Form) Rogers Communications Inc.
2018-02-12 Appellant's book of authorities, (Book Form), Completed on: 2018-02-12 Rogers Communications Inc.
2018-02-12 Appellant's record, (Book Form), Completed on: 2018-02-12 Rogers Communications Inc.
2018-02-12 Appellant's factum, (Book Form), Corrected pages 27 and 28 filed on 2018-02-15 (Inserted in books)., Completed on: 2018-02-12 Rogers Communications Inc.
2018-01-26 Correspondence received from, (Letter Form), Yael Wexler (by email). Sophie Arseneault is agent for the appellant. Rogers Communications Inc.
2017-12-22 Notice of name, (Letter Form) Rogers Communications Inc.
2017-12-22 Certificate (on limitations to public access), (Letter Form) Rogers Communications Inc.
2017-12-22 Notice of appeal, (Letter Form), amended notice rec'd 2018/01/04, Completed on: 2017-12-22 Rogers Communications Inc.
2017-11-29 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2017-11-24 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2017-11-24 Judgment on leave sent to the parties
2017-11-23 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, Number A-278-16, 2017 FCA 97, dated May 9, 2017 is granted with costs in the cause.
Granted, with costs in the cause
2017-09-25 All materials on application for leave submitted to the Judges, for consideration by the Court
2017-09-18 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2017-09-18 Rogers Communications Inc.
2017-09-07 Certificate (on limitations to public access) Voltage Pictures, LLC
2017-09-07 Notice of name Voltage Pictures, LLC
2017-09-07 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-09-07 Voltage Pictures, LLC
2017-08-08 Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2017-08-08
2017-08-04 Certificate (on limitations to public access) Rogers Communications Inc.
2017-08-04 Notice of name Rogers Communications Inc.
2017-08-04 Application for leave to appeal, (Book Form), Completed on: 2017-08-04 Rogers Communications 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
Rogers Communications Inc. Appellant Active

v.

Main parties - Respondents
Name Role Status
Voltage Pictures, LLC Respondent Active
Cobbler Nevada, LLC, PTG Nevada, LLC, Clear Skies Nevada, LLC, Glacier Entertainment S.A.R.L. of Luxemburg, Glacier Films 1, LLC and Fathers & Daughters Nevada, LLC Respondent Active

Other parties

Other parties
Name Role Status
Samuel-Glushko Canadian Internet Policy & Public Interest Clinic Intervener Active
Bell Canada Inc., Canadian Network Operators Consortium Inc., Cogeco Inc., Quebecor Media Inc. Intervener Active
Saskatchewan Telecommunications Holding Corporation, Shaw Communications Inc., TekSavvy Solutions Inc., Telus Communications Inc. and Xplornet Communications Inc. Intervener Active

Counsel

Party: Rogers Communications Inc.

Counsel
Andrew Bernstein
James Gotowiec
Nic Wall
Torys LLP
79 Wellington St. West
Suite 3000, Box 270, TD South Tower
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7678
FAX: (416) 865-7380
Email: abernstein@torys.com
Agent
Sophie Arseneault
Fasken Martineau DuMoulin LLP
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com

Party: Voltage Pictures, LLC

Counsel
Kenneth R. Clark
Paul V. McCallen
Patrick Copeland
Aird & Berlis LLP
181 Bay Street, Suite 1800
P.O. Box 754
Toronto, Ontario
M5J 2T9
Telephone: (416) 863-1500
FAX: (416) 863-1515
Email: kclark@airdberlis.com
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Cobbler Nevada, LLC, PTG Nevada, LLC, Clear Skies Nevada, LLC, Glacier Entertainment S.A.R.L. of Luxemburg, Glacier Films 1, LLC and Fathers & Daughters Nevada, LLC

Counsel
Kenneth R. Clark
Paul V. McCallen
Patrick Copeland
Aird & Berlis LLP
181 Bay Street, Suite 1800
P.O. Box 754
Toronto, Ontario
M5J 2T9
Telephone: (416) 863-1500
FAX: (416) 863-1515
Email: kclark@airdberlis.com
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Samuel-Glushko Canadian Internet Policy & Public Interest Clinic

Counsel
Jeremy de Beer
Bram Abramson
Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic
University of Ottawa, Faculty of Law, Common Law Section
57 Louis Pasteur Street
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 2553
FAX: (613) 562-5417
Email: jdebeer@uottawa.ca
Agent
Tamir Israel
Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic
University of Ottawa, Faculty of Law, Common Law Section
57 Louis Pasteur Street
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 2914
FAX: (613) 562-5417
Email: tisrael@cippic.ca

Party: Bell Canada Inc., Canadian Network Operators Consortium Inc., Cogeco Inc., Quebecor Media Inc.

Counsel
Gerald L. (Jay) Kerr-Wilson
Ariel Thomas
Christopher Ferguson
Fasken Martineau DuMoulin LLP
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: jkerrwilson@fasken.com

Party: Saskatchewan Telecommunications Holding Corporation, Shaw Communications Inc., TekSavvy Solutions Inc., Telus Communications Inc. and Xplornet Communications Inc.

Counsel
Gerald L. (Jay) Kerr-Wilson
Ariel Thomas
Christopher Ferguson
Fasken Martineau DuMoulin LLP
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: jkerrwilson@fasken.com

Summary

Keywords

Legislation - Interpretation - Intellectual property - Copyright - Whether the Court of Appeal erred in concluding that the Notice and Notice provisions altered the common law and created a special category of Norwich orders in which ISPs are not entitled to be reimbursed for their costs.

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 respondent movie producers allege that persons are engaging in illegal file sharing of their movies over the Internet. They have initiated a proposed class proceeding claiming declaratory, injunctive and other relief against a proposed representative respondent whose identity was unknown to them. They brought a motion for an order compelling the appellant (“Rogers”) to disclose any and all contact and personal information of a Rogers customer associated with an identified Internet protocol address and specified times and dates. The respondents and Rogers are at odds over whether Rogers should be compensated for providing the disclosure.

The Federal Court granted an order for disclosure of the customer’s name and address only. The Court held that since the disclosure was not part of the notice and notice scheme under ss. 41.25 and 41.26 of the Copyright Act, R.S.C. 1985, c. C-42 (the “Act”), Rogers could claim compensation for its hourly fee to assemble, verify and transmit the information. The Federal Court of Appeal allowed the appeal and set aside the order requiring payment of Rogers’ fee and costs. The Court held that since all but the transmitting of the disclosed information came under the services contemplated by ss. 41.25 and 41.26, Rogers should not be entitled to reimbursement for statutory obligations which the Legislator had decided not to remunerate at this time. Since Rogers had failed to meet its burden of proving what the costs of transmittal would be, no fee was payable.

Lower court rulings

July 28, 2016
Federal Court

T-662-16, 2016 FC 881

Order that applicant disclose to respondents certain subscriber information and be paid an hourly fee

May 9, 2017
Federal Court of Appeal

A-278-16, 2017 FCA 97

Appeal allowed; directions that respondents pay applicant an hourly fee for information and pay costs of motion, set aside. Applicant ordered to pay costs before FC and FCA

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

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

Webcasts

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Date modified: 2025-02-27