Teranet Copyright Class Action
A proposed class action has been commenced by Keatley Surveying Ltd. against Teranet Inc. (“Teranet”) in the Ontario Superior Court of Justice. The plaintiff alleges that Teranet has made unauthorized copies of certain drawings, maps, charts and plans created by the plaintiff (or owned by the plaintiff) which were registered, deposited or filed in Ontario land registration offices, and sold copies of same to third parties for a fee without the permission of the plaintiff and without making any payment to the plaintiff. The plaintiff alleges that the actions of Teranet are unauthorized and violate the copyright it has in those drawings, maps, charts and plans.
The plaintiff’s action is brought on its own behalf, and on behalf of a proposed class of all land surveyors or land surveying firms in Ontario which are the holders of copyright in drawings, maps, charts and plans that are registered, deposited or filed in Ontario land registration offices (the “Class”). The plaintiff and the proposed class are being represented by Ward Branch and Luciana Brasil of Branch McMaster and William O’Hara of Gardiner Roberts LLP.
LATEST NEWS:
A certification motion is scheduled to be heard in November 2012. At certification, the Case Management Judge will be asked to certify this action as a class proceeding. If that occurs, the action will be converted from an individual action to an action on behalf of all Class members. At that time, persons or firms that do not wish to participate in the action will be given an opportunity to exclude themselves (opt-out).
The Association of Ontario Land Surveyors ("AOLS") has brought a motion to intervene in the case. If the court grants intervenor status to the AOLS, it will be able to make submissions on certain issues to bring its perspective to the case.
Although it is not necessary to register as a potential claimant, we do keep track of persons who believe they are members of the Class so that we can provide additional information to them when there are material developments. If you would like to be added to our database of known potential claimants, please contact our paralegal Ulla Herlev by email (uherlev@branmac.com), or by phone: (604) 654-2964.
DOCUMENTS:
Plaintiff's Statement of Claim (November 12, 2010)
Plaintiff's Motion for Certification (3 MB)
- Notice of Motion
- Affidavit #1 of Gordon Keatley (2.1 MB)
Defendant's Statement of Defence (July 29, 2011)
Defendant's Motion for Summary Judgement (July 29, 2011)
- Notice of Motion (5.3 MB)
- Affidavit of Arthur Daniels (12.3 MB)
- Affidavit of Christopher Valentine (7.4 MB)
- Affidavit of Alan Buckle (27.1 MB)
Plaintiff's Responding Motion Record on Summary Judgment
Volume 1 (12 MB) | Volume 2 (19.3 MB)
- Affidavit of Tom Bunker
- Affidavit #2 of Gordon Keatley
Defendant's Reply Motion Record on Summary Judgment (18.3 MB) - Note that this document has been edited to remove Exhibits "E" and "F" from the online version.
- Affidavit #2 of Al Buckle
- Affidavit of William Snell
- Affidavit #2 of Arthur Daniels
- Affidavit #2 of Christopher Valentine
IMPORTANT NOTE
This website has been developed to provide general information to potential class members on the proposed class action that was commenced against Teranet.
The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.
The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you the client of Branch MacMaster LLP or Gardiner Roberts LLP. The court will ultimately decide who will be included as a class member.
This website will be updated from time to time to provide potential class members with information as it becomes available.
