Even before the October
1, 2012 deadline that the Board had set to hear from the “opt-out” universities
– whose association, the AUCC, abruptly withdrew from the hearing on April 24,
2012 and left them without representation - the Board has gone ahead and set the
schedule for the remainder of this hearing. Here's the Board's order from less than one hour ago:
From: "Gilles.McDougall@cb-cda.gc.ca"
<Gilles.McDougall@cb-cda.gc.ca>
Date: Thursday, 27 September, 2012 2:07 PM
To: Ariel Katz <ariel.katz@utoronto.ca>, "Randall.hofley@blakes.com" <Randall.hofley@blakes.com>, "Nancy.Brooks@blakes.com" <Nancy.Brooks@blakes.com>, "aoneill@fasken.com" <aoneill@fasken.com>, "wanda.noel@bell.net" <wanda.noel@bell.net>, "Gbloom@osler.com" <Gbloom@osler.com>, "gov@CASA.ca" <gov@CASA.ca>, David Fewer <dfewer@uottawa.ca>, "athomas@fasken.com" <athomas@fasken.com>, "smagu039@uottawa.ca" <smagu039@uottawa.ca>, "jordan.snel@bell.net" <jordan.snel@bell.net>, "BFong@osler.com" <BFong@osler.com>, "MKlee@osler.com" <MKlee@osler.com>, "wanda.noel@sympatico.ca" <wanda.noel@sympatico.ca>
Subject: Access Copyright - Post-Secondary Educational Institutions Tariff 2011-2013 - Hearing Schedule
Date: Thursday, 27 September, 2012 2:07 PM
To: Ariel Katz <ariel.katz@utoronto.ca>, "Randall.hofley@blakes.com" <Randall.hofley@blakes.com>, "Nancy.Brooks@blakes.com" <Nancy.Brooks@blakes.com>, "aoneill@fasken.com" <aoneill@fasken.com>, "wanda.noel@bell.net" <wanda.noel@bell.net>, "Gbloom@osler.com" <Gbloom@osler.com>, "gov@CASA.ca" <gov@CASA.ca>, David Fewer <dfewer@uottawa.ca>, "athomas@fasken.com" <athomas@fasken.com>, "smagu039@uottawa.ca" <smagu039@uottawa.ca>, "jordan.snel@bell.net" <jordan.snel@bell.net>, "BFong@osler.com" <BFong@osler.com>, "MKlee@osler.com" <MKlee@osler.com>, "wanda.noel@sympatico.ca" <wanda.noel@sympatico.ca>
Subject: Access Copyright - Post-Secondary Educational Institutions Tariff 2011-2013 - Hearing Schedule
RULING OF THE
BOARD
The
schedule in the above-referenced proceedings shall be as
follows:
Filing, with the Board, of replies
to objections to interrogatories in
abeyance: no later than Friday,
September 28,
2012
[Board
Ruling]
Responses to
interrogatories in abeyance: no later than
Friday, December 21, 2012
Motions re:
incomplete/unsatisfactory responses to interrogatories in abeyance: no later than Friday, February 8, 2013
Filing, with
the Board, of replies to motions: no later than Friday, March 1, 2013
[Board
Ruling]
Complete/satisfactory responses to
interrogatories in abeyance: no later than
Friday, April 26, 2013
Filing of
Access’ Case: no later than Friday, September
6, 2013
Filing of
Objectors' Case: no later than Friday,
December 20, 2013
Filing of
Access’ Reply: no later than Monday, January 27,
2014
Beginning of
hearing: Tuesday, February 11, 2014 at 10:00
a.m., Copyright Board's hearing
room.
Access
Copyright is granted 7 weeks to prepare deficiency complaints. ACCC is granted 3
weeks to respond. Access proposed 8+2 weeks. ACCC proposed 6+4 weeks. Access
needs more time to analyze all responses than ACCC to respond to deficiency
complaints. The Board’s original schedule proposed 7+3. That is what the Board
adopts.
Access
is granted 18 weeks from the date set to provide full responses to the
interrogatories in abeyance to file its case. ACCC is granted 16 weeks from the
time Access will file its case to file its response. Access proposed 20+14
weeks, ACCC 17+17 weeks. Access can start its case preparation with the
information it already has. However, the time allotted to Access should be
longer if only because it includes the Summer.
The
period between the filing of the reply of Access and the beginning of the
hearing shall be 2 weeks, not 10 days as Access proposed or 17 days as proposed
by ACCC. This should be sufficient to account for the Christmas
season.
The
indulgence requested by counsel for Access in her letter of September 21 is
denied. Accordingly, the section of that letter dealing with the schedule
leading up to the hearing is struck from the
record.
Gilles
McDougall
Secretary General | Secrétaire général
Copyright Board of Canada | Commission du droit d'auteur du Canada
56 Sparks, Suite| Bureau 800
Ottawa ON K1A 0C9
Telephone | Téléphone 613.952.8624Gilles.mcdougall@cb-cda.gc.ca
Secretary General | Secrétaire général
Copyright Board of Canada | Commission du droit d'auteur du Canada
56 Sparks, Suite| Bureau 800
Ottawa ON K1A 0C9
Telephone | Téléphone 613.952.8624Gilles.mcdougall@cb-cda.gc.ca
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