Who Owns Copyright In A Registered Plan Of Survey – A Brief Update

In May 2018 we reported on the Ontario Court of Appeal decision in Keatley Surveying Ltd.¹ which held that a land surveyor did not own the copyright in a plan of survey presented for registration or deposit in Ontario's land registry system. In our earlier bulletin we noted that the surveyor had filed an application for permission (leave) to appeal to the Supreme Court of Canada. Teranet filed an application for leave to cross-appeal.

On June 21, 2018 the Supreme Court of Canada granted the surveyor leave to appeal the decision of the Ontario Court of Appeal to the Supreme Court of Canada. It also granted leave to Teranet to cross-appeal.²

The Supreme Court of Canada does not give reasons when granting leave to appeal, so it is difficult to say very much about the case except that the Court will look at the issues raised by the parties.