CT-2015-014 COMPETITION TRIBUNAL BETWEEN STARGROVE ENTERTAINMENT INC. Applicant - and – SONY/ATV MUSIC PUBLISHING CANADA CO., SONY MUSIC ENTERTAINMENT CANADA INC., ABKCO MUSIC & RECORDS, INC., CASABLANCA MEDIA PUBLISHING, and CANADIAN MUSICAL REPRODUCTION RIGHTS AGENCY LTD.
Respondents
NOTICE OF MOTION FOR LEAVE TO INTERVENE
TAKE NOTICE THAT the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic the Moving Party, will make a motion to the Competition Tribunal (the “Tribunal”) in writing under Rule 42 of the Competition Tribunal Rules.
1. THE MOTION IS FOR AN ORDER: (a) granting the Moving Party leave to intervene under section 9(3) of the Competition Tribunal Act, R.S.C., 1985, c. 19 (2nd Supp.).
(b) an Order that the Moving Party will not seek costs, nor have any costs awarded against it unless it unduly and unreasonably delays the proceeding; and
such further and other relief as this Honourable Court may consider just and equitable in the circumstances.
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2. THE GROUNDS FOR THE MOTION ARE: (a) the Application raises the issue of whether and to what extent the Respondents violated the price maintenance provisions of section 76 of the Competition Act and the impact on Canadian copyright law. These issues are of great public importance and transcend the private interests of the parties;
(b) the Moving party has a great deal of institutional experience, specialized knowledge and expertise in the important issues that will be before the Tribunal in this Application. Specifically, it has had numerous occasion to examine the scheme and structure of Canadian copyright law. This expertise will allow it to assist the Tribunal in the present Application;
(c) the Moving Party will file its submissions in a timely manner; (d) the intervention of the Moving Party will not prejudice any existing parties; (e) section 9(3) of the Competition Tribunal Act; and (f) rule 42 of the Competition Tribunal Rules, SOR/2008-141. 3. THE FOLLOWING DOCUMENTARY EVIDENCE WILL BE USED AT THE HEARING OF THE MOTION:
(a) the Affidavit of Tamir Israel, sworn March 4, 2016 ; (b) the motion for leave to intervene; and (c) such further and other material as counsel may advise and this Honourable Court may permit.
March 4, 2016.
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Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC) University of Ottawa, Faculty of Law Common Law Section 57 Louis Pasteur St. Ottawa, Ontario, K1N 6N5
David Fewer LSUC # 45307C Tel.: 613-562-5800 ext. 2558 Fax: (613) 562-5417
Counsel for the Moving Party Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC)
TO: WEIRFOULDS LLP Barristers & Solicitors 4100 - 66 Wellington Street West P.O. Box 35, Toronto-Dominion Centre Toronto, ON M5K 1B7
Nikiforos Iatrou aniatrou@weirfoulds.com Tel: 416-947-5072, Fax: 416-365-1876
Scott McGrath Tel: 416-947-5038, Fax: 416-365-1876 smcgrath@weirfoulds.com
Bronwyn Roe broe@weirfoulds.com Tel: 416-947-5051, Fax: 416-365-1876
Counsel for the Applicant 3 3
AND TO: DIMOCK STRATTON LLP 20 Queen Street West, 32nd Floor Toronto, ON M5H 3R3
Sangeetha Punniyamoorthy spunniyamoorthy@dimock.com Tel: 647-288-9536, Fax: 416-971-6638
Thomas Kurys tkurys@dimock.com Tel: 647-288-9551, Fax: 416-971-6638
Counsel for the Applicant AND TO: OSLER, HOSKIN & HARCOURT LLP 100 King Street West 1 First Canadian Place Suite 6200, P.O. Box 50 Toronto, ON M5X 1B8
Mahmud Jamal Tel: 416-862-6764; Fax: 416-862-6666 mjamal@osler.com
Peter Franklyn Tel: 416-862-6494; Fax: 416-862-6666 pfranklyn@osler.com
Counsel for the Respondents Sony/ATV Music Publishing Canada Co. and Sony Music Entertainment Canada Inc.
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AND TO: AFFLECK GREENE MCMURTRY LLP 365 Bay Street, Suite 200 Toronto, ON M5H 2V1
W. Michael G. Osborne Tel: 416-360-5919; Fax: 416-360-5960 mosborne@agmlawyers.com
Wendy Sun Tel: 416-360-1485; Fax: 416-360-5960 wsun@agmlawyers.com
Counsel for the Respondents ABKCO Music & Records, Inc. and Casablanca Media Publishing
AND TO: CASSELS BROCK & BLACKWELL LLP Suite 2100, Scotia Plaza 40 King Street West Toronto, ON M5H 3C2
Chris Hersh Tel: 416-869-5387; Fax: 416-640-3017 chersh@casselsbrock.com
Casey Chisick Tel: 416-869-5403; Fax: 416-644-9326 cchisick@casselsbrock.com
Counsel for the Respondent Canadian Musical Reproduction Rights Agency Ltd.
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