SOCAN v. 960122 Ontario Ltd.
Because the question of where an appeal lies from an interlocutory order of a referee was not raised, argued or necessary to the court's prior decision, the Court will not decide it on reconsideration and dismisses the motion.
Source-derived case information.
- Citation
- 2003 FCA 292
- Parties
- Appellant: Society of Composers, Authors and Music Publishers of Canada; Respondent: 960122 Ontario Ltd., c.o.b. as Blue Mountain Gateway Tavern
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 30 June 2003
- Procedural Posture
- Ex Parte Motion for Reconsideration / Motion for Reconsideration of Alleged Oversight; Motion Dismissed
- Outcome
- Motion dismissed without costs.
- Legal Topics
- Appeal Jurisdiction, Interlocutory Orders, Referee Proceedings, Court Will Not Decide Issues Not Raised
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Society of Composers, Authors and Music Publishers of Canada
Appellant
960122 Ontario Ltd., c.o.b. as Blue Mountain Gateway Tavern
Respondent
Procedural Posture
Ex Parte Motion for Reconsideration / Motion for Reconsideration of Alleged Oversight; Motion Dismissed
Legal Issues
- 1 Whether appeal from an interlocutory order of a referee lies to the Trial Division or to the Court of Appeal
- 2 Whether the Court should clarify appeal route in the absence of argument on the point
Ratio Decidendi
Because the question of where an appeal lies from an interlocutory order of a referee was not raised, argued or necessary to the court's prior decision, the Court will not decide it on reconsideration and dismisses the motion.
Court Disposition
Motion dismissed without costs.
Orders
- Motion dismissed without costs.
Full Case Text
Judgment text and source record
1 paragraphs
SOCAN v. 960122 Ontario Ltd. Court (s) Database Federal Court of Appeal Decisions Date 2003-06-30 Neutral citation 2003 FCA 292 File numbers A-554-02 Decision Content Date: 20030630 Docket: A-554-02 Citation: 2003 FCA 292 CORAM: LINDEN J.A. ROTHSTEIN J.A. SEXTON J.A. BETWEEN: SOCIETY OF COMPOSERS, AUTHORS AND MUSIC PUBLISHERS OF CANADA Appellant and 960122 ONTARIO LTD., c.o.b. as BLUE MOUNTAIN GATEWAY TAVERN Respondent REASONS FOR ORDER THE COURT 1 This is an ex parte motion for reconsideration of an "apparent oversight" in a decision delivered on June 5, 2003, in which, as part of its reasons, the Court indicated that an appeal lies from an interlocutory order of a referee. 2 The plaintiff seeks a clarification which would decide to where such an appeal would lie, whether it be to the Trial Division or to the Court of Appeal. 3 At the hearing of this matter counsel did not make any specific submissions related to this particular matter. The Court did not ask any questions of counsel on that specific issue. Hence, the Court did not consider this precise matter as it was not necessary to decide the matter before it, hence, there was no oversight. 4 Consequently, the Court declines to answer this question, leaving it to be argued and decided in a case that squarely raises it. 5 The motion is dismissed without costs. ____________________________________ J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-554-02 STYLE OF CAUSE: SOCAN v. 960122 ONTARIO LTD., c.o.b. as BLUE MOUNTAIN GATEWAY TAVERN MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF PARTIES PLACE OF HEARING: OTTAWA, ONTARIO DATED: JUNE 30, 2003 REASONS FOR ORDER OF THE COURT: LINDEN J.A. CONCURRED IN BY: ROTHSTEIN, SEXTON JJ.A. WRITTEN REPRESENTATIONS BY: Mr. Kenneth A. Dangerfield FOR THE APPELLANT SOLICITORS OF RECORD: Boughton Peterson Yang Anderson Vancouver, British Columbia FOR THE APPELLANT No One Appearing FOR THE RESPONDENT