Toronto Star Newspapers Ltd. - (Robertson v. Proquest Information and Learning Company et al.)

Overview

This class proceeding concerns the infringement of the rights of creators of literary works under copyright legislation. It is alleged that the Defendant publishers (including the Toronto Star, Rogers, Proquest, CEDROM-SNI, and CanWest) reproduced certain printed works in electronic media, contrary to the Copyright Act. The Plaintiff claims for damages and injunctive relief to prohibit further infringements.

The class of persons this action represents is detailed in the Certification Order, below. Generally, it is comprised of persons who are creators or assignees of literary works published in Canada in print that were made available to the public in electronic form without licence. Class membership also includes the personal representatives of the estates of other class members.

Active

Latest Developments

August 30, 2010

By order dated July 19, 2010, the definition of the Class in this matter was amended, to restrict the claims advanced to persons who provided Works to a newspaper, magazine, periodical, newsletter or journal published by Toronto Star Newspapers Ltd., Rogers Publishing Limited or Canwest Publications Inc. People who provided works to other publications are no longer members of the Class in this action. A copy of the July 19, 2010 Order is accessible through the "Documents" link to the right of this page.

Individuals who are no longer included in this Class action will now be required to pursue their claims individually and are advised to seek independent legal advice with respect to any potential claim they may have and the applicable limitation period.

June 16, 2010

On June 16, 2010, the Honourable Madam Justice Pepall of the Ontario Superior Court of Justice approved the settlement of this proceeding as it relates to the claim against Canwest Publishing Inc. To view a copy of the Judgment and Endorsement of the Court, please consult the "Documents" link to the right of this webpage.

More Developments

Important Note: This website is intended to provide general information only. Despite our best efforts, it is not always completely up to date and should not be relied upon to make important legal decisions. This website does not offer legal advice and is not designed to answer questions about your individual situation or entitlement. It does not eliminate the need to obtain independent legal advice. Communications through this website will not be treated as private, privileged or confidential. It does not create a solicitor-client, fiduciary or other relationship. Whether you are a class member or not in a particular class action or not depends upon the court order made in that particular case. This website will be updated from time to time with information as it becomes available.