Freelance Writers Class Action (Robertson v. ProQuest, CEDROM, Toronto Star Newspapers, Rogers and Canwest)
| The deadline for submitting claims in this class action is October 15, 2011. Freelance writers seeking compensation should submit their claims to the claims administrator as soon as possible. |
This class action relates to allegations that the Defendants infringed the copyright of authors and assignees of literary works published in print by the Toronto Star Newspapers Ltd., Rogers Publishing Limited and Canwest Publishing Inc. It alleges the Defendants disseminated these literary works in online databases without permission. The Plaintiff sought monetary damages an injunction to prevent future infringements. The Defendants in the action are Toronto Star Newspapers Ltd., Rogers Publishing Limited, CEDROM-SNi Inc. and ProQuest Information and Learning LLC. Canwest Publishing Inc. was a Defendant, but the action was dismissed against it in June 2010.
The complete definition of those persons who are included in this class action is set out in the order certifying this action as a class action, as amended; the class definition can be viewed here. Generally, the persons included in this class action (often called “class members”) are comprised of authors or assignees of literary works published in Canada in print by Toronto Star Newspapers Ltd., Rogers Publishing Limited or Canwest Publishing Inc. and whose literary works were made available to the public in online databases.
For example, an author may be a class member if she wrote an article for the National Post (which was published by Canwest) and which appeared in full text in an online database operated by ProQuest. The class excludes (i) persons who by written agreement assigned the copyright in their works to another person, (ii) persons who by written agreement granted a Defendant a license to use their works in electronic media, (iii) persons who by written agreement granted another person a license to use their works in electronic media and that person granted a license to one of the Defendants and (iv) persons who are or were employees of one of the Defendants and who wrote the works during the course of their employment.
Essentially, this class action relates to the literary works of freelance authors. Anyone who thinks he or she may be a class member should review the full class definition.
Settlement
There has been a settlement of this class action that will provide approximately C$7.9 million in cash for the benefit of class members. In return, there will be a release of all claims against these Defendants and their affiliates and a licence in respect of literary works that were published by Toronto Star, Rogers, Canwest or their affiliates. To view the English version of the detailed formal notice, please click here. To view the French version, please click here. The notice sets out how class members can make a claim from the settlement funds or, if they prefer, how class members can choose not to participate in the settlement.
The claims process has begun and class members are now able to submit their claims to the claims administrator (Duff & Phelps). The deadline for claims is October 15, 2011. Anyone making a claim can contact the claims administrator directly if they have any questions about what to include in their claims. The claims administrator will be reviewing the claims and will ultimately determine whether to allow them.
The administrator can be reached at
Duff & Phelps Canada
80 Richmond Street West Suite 2000
Toronto, Ontario M5H 2A4
Telephone: +1 416 361 2590
Fax: +1 416 364 2904
Email address: dp.Claimsadministrator@duffandphelps.com
Web: www.duffandphelps.com/freelanceclaims
Click here for further details on the settlements.
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Latest Developments
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October 3, 2011
Class members are reminded that the deadline for submitting claims is October 15, 2011. Any class member seeking compensation should submit their claims for compensation to the claims administrator, Duff & Phelps Canada, as soon as possible. [Link no longer active]
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September 2, 2011
Class members are reminded that the deadline for submitting claims is October 15, 2011. Any class member seeking compensation should submit their claims for compensation to the claims administrator, Duff & Phelps Canada, as soon as possible. Class members should also note that the publication list has been finalized; there will be no more changes.
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August 10, 2011
Class members are reminded to submit their claims for compensation to the claims administrator, Duff & Phelps Canada (www.duffandphelps.com/freelanceclaims). Class members should also note that the publication list has been updated to add National Post Magazine, Saturday Night Magazine, Barrhaven Ottawa South This Week, Bradford West Gwillimbury Topic, Huntsville Forester, Newmarket Era-Banner, Annex Guardian, Port Perry Star, Charlottetown Guardian and Halifax Daily News. Most of these are different names for publications already on the publication list. The applicable date ranges for these publications are set out in the publication list, which can be accessed from the administrator’s website.
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July 5, 2011
The claims process has begun and class members can submit claims to Duff & Phelps Canada, 80 Richmond Street West Suite 2000, Toronto, ON, M5H 2A4, Fax: 416.364.2904, Email: dp.Claimsadministrator@duffandphelps.com. The deadline for claims is October 15, 2011.
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May 26, 2011
To view the English version of the Notice of Approval of Settlement of Copyright Class Action, please click here. To view the French version, please click here. [Links no longer active]
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May 3, 2011
Yesterday, the Ontario court approved of the settlements in this action and set class counsel fees. The settlements provide approximately C$7.9 million for the benefit of class members. Click here to see the court’s reasons approving settlement. [Link no longer active]
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April 13, 2011
Heather Robertson and class counsel appeared in court on April 11, 2011 to seek approval of the settlements, class counsel fees and the claims process. Class counsel argued, among other things, that the settlements provide compensation to class members that is substantial and certain. Approving the settlements would avoid the time, risks and expense of continuing litigation. The court has not yet released its decision.
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April 1, 2011
The court hearing to approve the settlement and to fix the fees and disbursements to be paid to class counsel will take place in Courtoom 5 at Osgoode Hall, 130 Queen Street West, Toronto, Ontario on April 11, 2011 at 10:00 a.m.
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January 11, 2011
A tentative settlement has been reached in this matter and is subject to court approval. The parties will appear before the Ontario Superior Court of Justice located at Osgoode Hall, 130 Queen Street West, Toronto, Ontario on April 11, 2011 at 10:00 a.m. to approve the proposed settlement and to fix the fees, disbursements and taxes to be paid to class counsel. Class members may attend this hearing in person or send a representative and may ask to make submissions regarding the proposed settlement. Any class members who wish to object must provide written notice of their objection before April 4, 2011 by prepaid mail, courier or email to:
Koskie Minsky LLP, Barristers & Solicitors
20 Queen Street West, Suite 900, Box 52
Toronto, Ontario M5H 3R3
Attention: Robertson v Proquest et al. Class ActionEmail to: freelance1classaction@kmlaw.ca
Click here for further details on this proposed settlement.
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August 30, 2010
By order dated July 19, 2010, the definition of the Class in this matter was amended, to restrict the claims advanced to persons who provided Works to a newspaper, magazine, periodical, newsletter or journal published by Toronto Star Newspapers Ltd., Rogers Publishing Limited or Canwest Publications Inc. People who provided works to other publications are no longer members of the Class in this action. A copy of the July 19, 2010 Order is accessible through the “Documents” link to the right of this page.
Individuals who are no longer included in this Class action will now be required to pursue their claims individually and are advised to seek independent legal advice with respect to any potential claim they may have and the applicable limitation period.
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June 16, 2010
On June 16, 2010, the Honourable Madam Justice Pepall of the Ontario Superior Court of Justice approved the settlement of this proceeding as it relates to the claim against Canwest Publishing Inc. To view a copy of the Judgment and Endorsement of the Court, please consult the “Documents” link to the right of this webpage.
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June 8, 2010
We are pleased to advise Class members that this matter has been settled, subject to Court approval, as it relates to Canwest Publishing Inc. (“Canwest”). In January of 2010, Canwest obtained protection from its creditors. Pursuant to a claims process established by the Court, Heather Robertson, in her capacity as Representative Plaintiff, filed a Proof of Claim in the Claims Process established in the Canwest CCAA proceedings.
Canwest and Ms. Robertson, on behalf of the Class, have reached a resolution of that claim, as well as a resolution of the class proceeding as it relates to Canwest. Under the terms of the proposed settlement, the Class may share in a pro rata distribution of assets with other Canwest creditors, subject to implementation and ultimate approval of a Plan of Arrangement in the Canwest insolvency. In exchange, Canwest will receive a license and release in respect of the Class claims against Canwest.
The parties will appear before the Court on June 16, 2010, to seek Court approval of the settlement. Class members who disagree with the terms of the proposed settlement may object, and are required to file a Notice of Appearance with the Monitor in the CCAA proceeding, FTI Consulting, no later than 10:30 a.m. on June 15th, 2010. Class members may download a Notice of Appearance on this website, by accessing the “Documents” link to the right of this page.
A copy of the Settlement Agreement, as well as a Court approved Notice, is also available on this website, under the “Documents” link, to the right of this page. -
May 31, 2010
The parties are engaged in documentary discovery. No date has yet been set for the trial of this matter, but Class members will be advised of developments through updates to this website.
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October 20, 2009
By order dated September 15, 2009, the definition of the Class in this matter was amended, to exclude persons who provided Works to a not for profit or non-commercial publisher of Print Media which was a licensor to a defendant (including a third party defendant), and where such persons either did not expect or request, or did not receive, financial gain for providing such works from the Class. A copy of the September 15, 2009 Order is accessible through the “Documents” link to the right of this page. Such individuals will now be required to pursue their claims against the defendants individually and are advised to seek independent legal advice with respect to any potential claim they may have and the applicable limitation period.
The Plaintiff’s motion, previously scheduled to proceed on October 23, 2009, has been adjourned on consent of the parties until November 30, 2009. -
July 9, 2009
Two motions in respect of these proceedings are scheduled for the fall of 2009. A number of Defendants will bring a motion to amend or strike the certification order on Tuesday September 15, 2009, likely in Courtroom 4 at Osgoode Hall, Toronto, Ontario. The Plaintiff will bring a motion to stay, sever and or strike the third and fourth party claims on October 23, 2009. A copy of the Plaintiff’s Motion Record for the October 23, 2009 motion is accessible through the link entitled Documents on this webpage.
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May 12, 2009
The title of the proceedings was amended to replace the Defendants Rogers Media Inc. with Rogers Publishing Limited, and CanWest Publications Inc. with Canwest Publishing Inc. Preparation for trial is ongoing.
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April 30, 2009
Deadline to opt-out of the class proceeding.
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February 25, 2009
A case conference took place to determine residual issues relating to the certification Order.
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October 21, 2008
This action was certified as a class proceeding by order of the Honourable Mr. Justice Cullity dated October 21, 2008.
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October 3, 2011
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News Releases and Reports
- May 23, 2011 avis de reglèment
- May 23, 2011 Notice of Settlement
- January 20, 2011 Notice to Class (French)
- January 17, 2011 Notice to Class
- August 27, 2010 Notice to Class (French)
- August 27, 2010 Notice to Class (English)
- June 8, 2010 Press Release: Tentative Settlement Reached in Canwest Copyright Lawsuit
- March 12, 2009 Notice to Class (English)
- March 12, 2009 Notice to Class (French)
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Documents
- March 21, 2012 Order dated March 22, 2012
- May 1, 2011 Order of Justice Horkins (approving the Toronto Star, Rogers, CEDROM and ProQuest settlements)
- May 1, 2011 Reasons for Judgment dated May 2, 2011
- April 11, 2011 Order dated April 12, 2011
- March 14, 2011 Reasons for Decision dated March 15, 2011
- January 9, 2011 Order dated January 10, 2011
- December 1, 2010 Order dated December 2, 2010
- July 18, 2010 Order dated July 19, 2010
- June 15, 2010 Endorsement dated June 16, 2010
- June 15, 2010 Order dated June 16, 2010
- June 7, 2010 Avis d'audience sur le règlement du recours collectif
- June 7, 2010 Notice of Hearing to Approve Settlement of Class Proceeding
- June 7, 2010 Notice of Appearance
- June 7, 2010 Settlement Agreement
- June 7, 2010 Notice Procedure Order
- November 29, 2009 Order dated November 30, 2009
- November 29, 2009 Factum of Certain Third and Fourth Parties (Motion Returnable November 30, 2009)
- November 29, 2009 Factum of Certain Third and Fourth Parties (Responding to Plaintiff's Motion to Stay or Sever Third and Fourth Party Proceeding: November 30, 2009
- November 29, 2009 Factum of the Responding Defendant, CEDROM-SNI Inc.
- November 29, 2009 Factum of the Plaintiff, returnable November 30, 2009
- November 29, 2009 Responding Motion Record of Certain Third and Fourth Parties - Returnable November 30, 2009
- October 26, 2009 Affidavit of François Aird on Behalf of Defendant Cedrom-Sni Inc.
- September 29, 2009 Responding Motion Record
- September 14, 2009 Order of the Honourable Justice Cullity dated September 15, 2009
- August 18, 2009 Motion Record, August 19, 2009
- August 13, 2009 Motion Record of the Third and Fourth Parties (returnable September 14-15, 2009)
- August 13, 2009 Motion Record Returnable September 15, 2009
- August 13, 2009 Motion Record of Certain Third and Fourth Parties (Motion returnable September 14 and 15, 2009
- July 7, 2009 Motion Record of the Plaintiff (returnable October 23, 2009)
- June 15, 2009 Order of the Honourable Mr. Justice Cullity dated June 16, 2009
- March 11, 2009 Amendment of Certification Order
- October 20, 2008 Certification Order
- July 24, 2003 Statement of Claim
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.
How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
416-977-8353
