Voltage Obtains Norwhich Order in Reverse Class Action
Voltage Pictures and its litigation partners - the applicants in a file-sharing "reverse class action" - have been granted a Norwich Order in respect of a single John Doe. The Court limited its Order to the name and address of the Rogers subscriber (the Applicants had sought additional information such as email address) and required payment to Rogers at its hourly fee for providing the subscriber data (the Applicants had argued that the new notice and notice provisions of the Copyright Act meant that Rogers had to provide this information for free). CIPPIC intervened in the motion on the narrow issue of the privacy protections and limits that might be required of any such order.
It is possible that Voltage and its partners might appeal the decision on the issue of paying ISP costs. However, with the Order in hand, Voltage and its litigation partners are in place to begin discovery against the Doe with the goal of having the Doe appointed as the representative defedant and moving towards certification of its controversial reverse class proceeding.
UPDATE: On Friday, August 5, 2016, Voltage filed a Notice of Appeal, FCA File No A-278-16, with the Federal Court of Appeal, challenging the Federal Court's conclusion that it cannot pass the cost of enforcing its rights on to Rogers' customers. Voltage did not seek a stay of the Proposed Class Action Proceeding and, as a result, it appears as though the class proceeding and the appeal will proceed in parallel.
- Decision: Granting Voltage's request for third party disclosure Voltage Pictures LLC v Doe, 2016 FC 881
- Decision: Granting CIPPIC limited right to Intervene, 2016 FC 681
- CIPPIC's Intervention Argument
- CIPPIC's Letter to the Court prior to its Intervention, June 2, 2016
- CIPPIC's Factum in its Motion for Leave to Intervene, June 7, 2016
- CIPPIC's Reply in its Motion for Leave to Intervene, June 15, 2016