Rogers Seeks Leave to Appeal to Supreme Court of Canada re Cost Recovery in Voltage Reverse Class Action

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