SOCAN v. 960122 Ontario Ltd.
Court headnote
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…
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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
Source: decisions.fca-caf.gc.ca