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COPYRIGHT - Remedies - Procedure - Costs

Wednesday, September 25, 2019 @ 7:57 AM  


Lexis Advance® Quicklaw®
Determination of Rogers’ reasonable costs of compliance with a Norwich order. Rogers was ordered to disclose contact and personal information in connection with a copyright infringement claim.

HELD: Rogers’ recoverable costs were the value of the time associated with reviewing the Norwich order and identifying the relevant IP addresses; logging the request to permit it to be tracked through the workflow process and to ensure that the screenshots and information generated and saved during the search could be found if needed; linking between the cable modem and the customer name and address; and compiling the information into an Excel file. It took Rogers 23.05 minutes per time stamp to complete those tasks. That time was reasonable. The Minister had not fixed a fee under s. 41.26(2) of the Copyright Act, so Rogers could not charge one for complying with its obligations under s. 41.26(1). A reasonable hourly fee was $35. Only direct labour costs were recoverable.

Voltage Pictures, LLC v. Salna, [2019] F.C.J. No. 964, Federal Court, K.M. Boswell J., August 6, 2019. Digest No. TLD-September232019009