Rogers is
seeking leave to appeal the recent Federal Court of Appeal ruling that denied
it cost recovery for compliance with the Voltage court order in the reverse
class action litigation.
Some
background from my blog is here.
A news
report is here.
Rogers’ Leave
to Appeal material is here.
Rogers
summarizes the basis for its leave motion as follows:
Rogers therefore seeks leave to appeal so the Court
can provide guidance on the following issues:
1. What are the obligations imposed
on Canadian ISPs by the Notice and Notice Provisions?
2. Do those obligations supplant
ordinary principles related to third-party discovery orders, and in particular,
the principle that a third party should be reimbursed for the costs it incurs?
It will be
interesting to see if Rogers gets leave, and if so who may wish to intervene.
HPK
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