isoHunt Web Technologies, Inc. v. EMI Group Canada Inc.

isoHunt Web Technologies, Inc. v. EMI Group Canada Inc.

Because the proceeding raises substantial disputed facts (especially on authorization involving knowledge and remedial measures), requires credibility assessments and discovery, and has wide public ramifications, the petition procedure is inappropriate and the court directed the matter proceed as a trial with leave to file a Statement of Claim and Defence.

Citation
2009 BCSC 1837
Parties
Petitioner: isoHunt Web Technologies, Inc.; Respondents: EMI Group Canada Inc.; Universal Music Canada Inc.; Sony BMG Music (Canada) Inc.; Warner Music Canada Co.; Canadian Recording Industry Association
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 March 2009
Procedural Posture
Declaration/petition Under Rule 52(11) / Application to Convert Proceeding to Trial Under Rule 52(11)
Outcome
Application granted: proceeding to be converted to a trial under Rule 52(11).
Legal Topics
Authorization (copyright), Knowledge of Infringement, Remedial Measures, Declaratory Relief, Conversion to Trial Under Procedural Rules
Source Language
English
Intellectual Property Copyright Civil Procedure Internet/technology Law Authorization (copyright) Knowledge of Infringement Remedial Measures Declaratory Relief +1 more

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Parties

isoHunt Web Technologies, Inc.

Petitioner

EMI Group Canada Inc.; Universal Music Canada Inc.; Sony BMG Music (Canada) Inc.; Warner Music Canada Co.; Canadian Recording Industry Association

Respondents

Procedural Posture

Declaration/petition Under Rule 52(11) / Application to Convert Proceeding to Trial Under Rule 52(11)

Legal Issues

  1. 1 Whether the petition should be converted to a trial under Rule 52(11)
  2. 2 Whether there are substantial disputes of material fact (knowledge and authorization)
  3. 3 Whether the issues can be resolved on affidavit evidence alone

Ratio Decidendi

Because the proceeding raises substantial disputed facts (especially on authorization involving knowledge and remedial measures), requires credibility assessments and discovery, and has wide public ramifications, the petition procedure is inappropriate and the court directed the matter proceed as a trial with leave to file a Statement of Claim and Defence.

Court Disposition

Application granted: proceeding to be converted to a trial under Rule 52(11).

Orders

  • Direction under Rule 52(11) that the proceeding proceed by way of trial
  • Mr. Banks' affidavit admitted for the purposes of this application