Rovi Guides, Inc. v. Videotron Ltd.

Rovi Guides, Inc. v. Videotron Ltd.

To balance the need to protect public health and to maintain fair and efficient adjudication, the Court ordered the trial to resume remotely using the Zoom platform and imposed detailed technical and procedural protocols governing document management, witness testimony, public access and confidentiality, and contingency measures for connectivity failures.

Citation
2020 FC 637
Parties
Plaintiff / Defendant by Counterclaim: ROVI GUIDES, INC.; Defendant / Plaintiff by Counterclaim: VIDEOTRON LTD.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
21 May 2020
Procedural Posture
Civil Trial / Trial Management Conference and Direction for Resumption of Trial (remote Hearing)
Outcome
Direction: trial to resume remotely via Zoom subject to the Court's adopted protocol
Legal Topics
Remote Hearings, Witness Testimony Protocol, Document Management, Open Courts Principle, Internet Connectivity and Adjournment
Source Language
English
Civil Procedure Evidence Court Administration Technology in Courts Confidentiality Remote Hearings Witness Testimony Protocol Document Management +2 more

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Parties

ROVI GUIDES, INC.

Plaintiff / Defendant by Counterclaim

VIDEOTRON LTD.

Defendant / Plaintiff by Counterclaim

Procedural Posture

Civil Trial / Trial Management Conference and Direction for Resumption of Trial (remote Hearing)

Legal Issues

  1. 1 Whether the trial should resume remotely and under what platform
  2. 2 Appropriate document management and exchange protocols for a remote trial
  3. 3 Standards and limitations for witness testimony conducted virtually

Ratio Decidendi

To balance the need to protect public health and to maintain fair and efficient adjudication, the Court ordered the trial to resume remotely using the Zoom platform and imposed detailed technical and procedural protocols governing document management, witness testimony, public access and confidentiality, and contingency measures for connectivity failures.

Court Disposition

Direction: trial to resume remotely via Zoom subject to the Court's adopted protocol

Orders

  • Hearing to resume via Zoom platform; Zoom not to be used for recording video or images except by the trial judge.
  • Documents to continue to be managed via the eTrial Tool Kit and additionally exchanged using a jointly prepared Trial Distribution List.