Decision

Voltage Pictures v. Robert Salna, 2025 FCA 131

Justice Goyette; Justice Gleason; Justice Biringer - 2025-07-16

Read full decision. Automatically generated summary:

This is another in a series of appeals and cross-appeals involving the appellants’ proposed reverse class proceeding in which they allege that their copyright in five films was violated when the films were downloaded and made available for sharing via an online peer-to-peer sharing platform known as BitTorrent. ... In the order under appeal (2023 FC 893), the Federal Court dismissed (for the second time) the appellants’ motion to certify this proposed reverse class proceeding. ... The Federal Court found that the appellants had not provided some basis in fact to conclude that Mr. Salna was a suitable representative respondent since the appellants’ litigation plan failed to set out a workable method of advancing the proceeding on behalf of the proposed respondent class. ... For the reasons that follow, I have concluded that the Federal Court erred in dismissing the appellants’ motion for certification by reason of the flaws in their litigation plan. However, I also conclude that the Federal Court’s finding on preferable procedure should be set aside because there is no basis in fact for the conclusion that a class proceeding is the preferable procedure to determine the common questions proposed by the appellants. I also conclude that there is no basis to interfere with the Federal Court’s costs order. Thus, I would dismiss the appeal, grant the cross-appeal in part, and vary the Federal Court’s order to provide that the appellants’ motion for certification is dismissed, without leave to reapply for certification. ... I cannot see how there is any basis in fact to conclude that the proposed class proceeding is preferable to individual actions because the individual issues in this case swamp whatever common issues there might be.

Decision relates to:

 

Canadian Intellectual Property