Rogers Communications Canada Inc. v. Society of Composers, Authors and Music Publishers of Canada

Rogers Communications Canada Inc. v. Society of Composers, Authors and Music Publishers of Canada

Issue estoppel applies and the Plaintiffs are precluded from relitigating the Ringtone Download Issue; the 2010 Agreement and certified Tariff 24 provided juristic reasons for SOCAN's enrichment and SOCAN changed position by distributing royalties, so unjust enrichment and tracing remedies fail; Plaintiffs' action dismissed and SOCAN's counterclaim granted in part for outstanding Tariff 24 royalties through Dec 31, 2013 with interest.

Citation
2021 FC 207
Parties
Plaintiff / Defendant by Counterclaim: Rogers Communications Canada Inc.; Plaintiff / Defendant by Counterclaim: Bell Mobility Inc.; Plaintiff / Defendant by Counterclaim: Québecor Media Inc.; Defendant / Plaintiff by Counterclaim: Society of Composers, Authors and Music Publishers of Canada (SOCAN)
Court
Federal Court
Jurisdiction
Canada
Judgment Date
5 March 2021
Procedural Posture
Civil Action Concerning Copyright Royalties and Restitution Under the Copyright Act / Trial Judgment (federal Court)
Outcome
Plaintiffs' action dismissed; Defendant's counterclaim granted in part
Legal Topics
Tariff Certification, Ringtones and Downloads, Issue Estoppel / Res Judicata, Unjust Enrichment, Constructive Trust and Tracing, Change of Law Effect
Source Language
English
Copyright Law Administrative Law Contract Law Equity (unjust Enrichment and Tracing) Tariff Certification Ringtones and Downloads Issue Estoppel / Res Judicata Unjust Enrichment +2 more

Case Brief

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Parties

Rogers Communications Canada Inc.

Plaintiff / Defendant by Counterclaim

Bell Mobility Inc.

Plaintiff / Defendant by Counterclaim

Québecor Media Inc.

Plaintiff / Defendant by Counterclaim

Society of Composers, Authors and Music Publishers of Canada (SOCAN)

Defendant / Plaintiff by Counterclaim

Procedural Posture

Civil Action Concerning Copyright Royalties and Restitution Under the Copyright Act / Trial Judgment (federal Court)

Legal Issues

  1. 1 Whether issue estoppel (res judicata) applies to bar the Plaintiffs' claims regarding Tariff 24
  2. 2 Effect of the 2010 Agreement on Plaintiffs' right to seek restitution of Tariff 24 payments
  3. 3 Whether SOCAN was unjustly enriched by receiving Tariff 24 royalties

Ratio Decidendi

Issue estoppel applies and the Plaintiffs are precluded from relitigating the Ringtone Download Issue; the 2010 Agreement and certified Tariff 24 provided juristic reasons for SOCAN's enrichment and SOCAN changed position by distributing royalties, so unjust enrichment and tracing remedies fail; Plaintiffs' action dismissed and SOCAN's counterclaim granted in part for outstanding Tariff 24 royalties through Dec 31, 2013 with interest.

Court Disposition

Plaintiffs' action dismissed; Defendant's counterclaim granted in part

Orders

  • The Plaintiffs' action is dismissed.
  • The Defendant's (SOCAN) counterclaim is granted in part.