Decision

Woods et. al. v. University of Ottawa, 2021 ONSC 5720

2021-08-27

Read full decision. Summary prepared by Alan Macek:

This action arises from an unusual situation in which an idea conceived by a law student in the 2006 – 2007 academic year became the basis for a multi million-dollar class proceeding. At the student’s suggestion, CIPPIC of the University of Ottawa became part of a consortium of lawyers who combined to prosecute the class action. ... Designed appropriately, a class proceeding would permit the accumulated liability to be disbursed for the benefit of the unlocatables and by binding the class, would end the obligation of the publishers to the musicians in the class. (see 2011 ONSC 7105) ... The arrangement between the parties was for the plaintiff to receive a guaranteed five percent of the costs awarded by the court to class counsel. ... This is very close to the position taken by the university and a long way from the claim asserted by the plaintiff.

 

Canadian Intellectual Property