CIPPIC Files Factum in Appeal of Voltage Default Judgement Motion

CIPPIC has filed its Responding Memorandum of Fact and Law [1] with the Federal Court of Appeal in Voltage v Doe. The appeal involves CIPPIC’s successful intervention in Voltage Pictures’ motion for default judgement in one of its numerous mass copyright infringement proceedings in the Federal Court of Canada. Voltage had sought judgement against 30 anonymous internet subscribers whom Voltage had alleged it had caught sharing one of its movies through BitTorrent and who had failed to file a Statement of Defense.

CIPPIC’s argument comes down to three core positions:

1. The Supreme Court of Canada’s recent decision in SOCAN v ESA [2] disposes of all of Voltage’s claims, except for authorization;
2. The motions judge was correct to dismiss Voltarage’s theory of authorization; and
3. The motions judge’s fact-finding should not be disturbed, and no inference drawn that internet subscribers are also the internet users Voltage alleges to be the infringing actors.

CIPPIC was supported by a team of impressive students. Kaitlyn Margison worked with CIPPIC staff to draft the Memorandum, and undertook additional research. Gareth Spanglett, Melissa Liauw, Matthew Tai, Rachel Harrison, and Amy Kallio all undertook targeted research on different aspects of the file. CIPPIC awaits Voltage’s Reply, and the scheduling of the hearing of the Appeal.

• CIPPIC’s Responding Memorandum of Fact and Law [1]
• Voltage’s Memorandum of Fact and Law [3]
• Justice Furlanetto’s original decision on Voltage’s motion, under appeal: Voltage Holdings, LLC v. Doe#1, 2022 FC 827 [4]