Bell Canada v. Millennium Funding, Inc., 2025 FCA 153
Justice Locke; Justice Woods; Justice Laskin - 2025-08-29
Read full decision. Automatically generated summary:
The appellants, Bell, appeal from the decision of the Federal Court 2023 FC 764. The respondents are a group of film studios and their solicitors. This appeal concerns a motion brought by the respondents in the Federal Court to strike parts of Bell’s pleadings in an action brought against Bell by the Millennium Producers. ... In their amended statement of claim, the Millennium Producers allege that Bell, as the internet service provider (ISP), failed to comply with the requirement to deliver notices to potential defendants pursuant to sections 41.25 and 41.26 of the Copyright Act ... The aggregate amount at issue is approximately $400 million. ... The impugned pleadings allege that the respondents’ copyright enforcement program (CEP) improperly used the notice and notice regime by, among other things, automatically generating large numbers of notices that were sent to ISPs. Bell alleges that the CEP was not used as a legitimate effort to protect copyright. Instead, the respondents’ conduct had two main purposes: (1) to intimidate alleged infringers into settling claims for amounts much larger than the damages suffered; and (2) to claim exorbitant amounts from ISPs alleged to not be forwarding notices. Bell pleads that the respondents’ use of the CEP constitutes the tort of misuse of copyright, and alleges that this is a viable defence to the Millennium Producers’ action. ... The FC judge determined that the pleading does not provide sufficient detail to support these allegations, but it is not plain and obvious that these defects cannot be cured. I conclude that this part of the FC judge’s decision should be set aside, and Bell should be granted leave to amend the pleading relating the copyright misuse.
Decision relates to:
- A-152-23 - BELL CANADA and BELL ALIANT v. MILLENNIUM FUNDING, INC., ET AL which is an appeal from 2023 FC 764 in T-1062-21