Voltage Pictures, LLC v. Salna

Voltage Pictures, LLC v. Salna

An ISP may recover only reasonable costs that arise from complying with a Norwich order and not costs that replicate or verify obligations already owed under the statutory notice‑and‑notice regime (s.41.26). Applying that rule to Rogers' evidence, the court segregated compensable steps from non‑compensable N&N work, fixed a reasonable labour rate at CAD 35.00 per hour (direct labour only), calculated Rogers' compensable time at 115.25 minutes and awarded CAD 67.23 plus HST to Rogers.

Citation
2019 FC 1047
Parties
Applicants: Voltage Pictures, LLC; Cobbler Nevada, LLC; PTG Nevada, LLC; Clear Skies Nevada, LLC; Glacier Entertainment S.A.R.L. of Luxembourg; Glacier Films 1, LLC; Fathers & Daughters Nevada, LLC; Proposed Representative Respondents: Robert Salna; James Rose; Loridana Cerrelli; Non Party Respondent: Rogers Communications Inc.; Intervener: Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
Court
Federal Court
Jurisdiction
Canada
Judgment Date
6 August 2019
Procedural Posture
Proposed Class Proceeding / Motion to Determine Reasonable Costs of Compliance With Norwich Order Remitted by Supreme Court of Canada
Outcome
Applicants ordered to pay Rogers CAD 67.23 plus HST within 30 days; no order as to the costs of the motion
Legal Topics
Notice and Notice Regime, Norwich Order, Costs of Compliance, Disclosure of Subscriber Information, Evidentiary Sufficiency
Source Language
English
Copyright Law Civil Procedure Procedural Law Internet Service Provider Regulation Notice and Notice Regime Norwich Order Costs of Compliance Disclosure of Subscriber Information +1 more

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Parties

Voltage Pictures, LLC; Cobbler Nevada, LLC; PTG Nevada, LLC; Clear Skies Nevada, LLC; Glacier Entertainment S.A.R.L. of Luxembourg; Glacier Films 1, LLC; Fathers & Daughters Nevada, LLC

Applicants

Robert Salna; James Rose; Loridana Cerrelli

Proposed Representative Respondents

Rogers Communications Inc.

Non Party Respondent

Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic

Intervener

Procedural Posture

Proposed Class Proceeding / Motion to Determine Reasonable Costs of Compliance With Norwich Order Remitted by Supreme Court of Canada

Legal Issues

  1. 1 Whether Rogers is entitled to recover costs for complying with a Norwich order
  2. 2 Which steps in Rogers' process overlap with statutory N&N obligations under s.41.26 and are non‑recoverable
  3. 3 What hourly rate is reasonable for compensable work

Ratio Decidendi

An ISP may recover only reasonable costs that arise from complying with a Norwich order and not costs that replicate or verify obligations already owed under the statutory notice‑and‑notice regime (s.41.26). Applying that rule to Rogers' evidence, the court segregated compensable steps from non‑compensable N&N work, fixed a reasonable labour rate at CAD 35.00 per hour (direct labour only), calculated Rogers' compensable time at 115.25 minutes and awarded CAD 67.23 plus HST to Rogers.

Court Disposition

Applicants ordered to pay Rogers CAD 67.23 plus HST within 30 days; no order as to the costs of the motion

Orders

  • Applicants shall pay Rogers Communications Inc. the amount of $67.23, plus HST, within 30 days of the date of this order for time spent and costs incurred in assembling and providing customer information pursuant to the Norwich Order
  • There shall be no order as to the costs of this motion