Salna v. Voltage Pictures, LLC, 2021 FCA 176
Justice Nadon; Justice Rennie; Justice Rivoalen - 2021-09-08
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This is an appeal and cross-appeal from an order of the Federal Court (2019 FC 1412, per Boswell J.). ... Voltage sought certification of a respondent class proceeding alleging infringement of its copyright protected work by the appellants. Known colloquially as a “reverse class action”, Voltage targeted the online copyright infringement of five of its films ... The proposed class proceeding may ultimately flounder, for reasons which I will identify, but the judge erred in presuming that to be the case at so early a stage. ... if the Federal Court’s reasoning prevailed, Voltage, and those similarly situated, would, in many cases, be without any remedy for violation of their copyright: a respondent class proceeding is not available and the joinder of thousands of individual actions simply not feasible. ... The certification motion is returned to the Federal Court for consideration of Rule 334.16(1)(d) and Rule 334.16(1)(e) of the Federal Courts Rules in light of these reasons.
Decision relates to:
- A-439-19 - VOLTAGE PICTURES, LLC. ET AL v. ROBERT SALNA ET AL