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ARTICLE · 15 JANUARY 2018

Court Of Appeal Clarifies Costs Framework In Copyright Class Action

On November 15, 2017, the Federal Court of Appeal issued its Reasons for Judgment in an appeal from an order that (1) granted the respondent's motion for security for costs ...

CanadaIntellectual Property

On November 15, 2017, the Federal Court of Appeal issued its Reasons for Judgment in an appeal from an order that (1) granted the respondent's motion for security for costs for a pending certification motion, (2) set the quantum of security at $75,000.00 and (3) awarded the respondent lump sum costs of $750.00 on the motion. A copy of the Federal Court's Order and Reasons can be found here.

Background

The appellants, Voltage Pictures, commenced a proposed class proceeding against the proposed representative respondent, Mr. Salna, and others like him who are said to have engaged in illegal file sharing that infringed Voltage Pictures' copyright in several movies. Voltage Pictures sought to have the proceeding certified as a so-called "reverse" class action, where the plaintiffs sue a class of similarly situated defendants. Before Voltage Pictures served and filed their motion for certification Mr. Salna brought a motion requesting that Voltage Pictures pay security

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