Canadian Private Copying Collective v Redpact Impex Inc., 2017 ONSC 3038
Read full decision. Summary prepared by Alan Macek:
On appeal to the divisional court with leave (see 2017 ONCS 223), the appellant collective sought default judgement. It was alleged in the statement of claim that these defendants, along with others, sold 21,604,045 units of blank media in Canada, and failed to pay the levies due to the plaintiff. The motion judge had declined to award default judgment on the basis that fraud was being asserted and the other was that the plaintiff ought to have to satisfy the court by way of oral evidence, both of the quantity of media and that they were, in fact, blank disks. On appeal, the court concluded that there was no pleading of fraud and there were expressed pleadings of the quantity of media involved and that they were blank, deemed admitted by these defendants. The appeal was allowed and judgment issued against these defendants.