CCH Canadian Ltd. v. Law Society of Upper Canada, 2002 FCA 187 (2002)

Federal Court Reports

CCH Canadian Ltd. v. Law Society of Upper Canada (C.A.) [2002] 4 F.C. 213

Date: 20020514

Dockets: A-806-99

A-807-99

A-808-99

Neutral citation: 2002 FCA 187

CORAM: LINDEN J.A.

ROTHSTEIN J.A.

SHARLOW J.A.

A-806-99

(T-1618-93)

BETWEEN:

CCH CANADIAN LIMITED

Appellant

(Plaintiff)

and

THE LAW SOCIETY OF UPPER CANADA

Respondent

(Defendant)

A-807-99

(T-1619-93)

BETWEEN:

THOMSON CANADA LIMITED c.o.b. as

CARSWELL THOMSON PROFESSIONAL PUBLISHING

Appellant

(Plaintiff)

- and -

THE LAW SOCIETY OF UPPER CANADA

Respondent

(Defendant)

A-808-99

(T-1620-93)

BETWEEN:

CANADA LAW BOOK INC.

Appellant

(Plaintiff)

- and -

THE LAW SOCIETY OF UPPER CANADA

Respondent

(Defendant)

Heard at Toronto, Ontario, on Tuesday, Wednesday and Thursday, October 23, 24 and 25, 2001

Judgment delivered at Ottawa, Ontario, on Tuesday, May 14, 2002

REASONS FOR JUDGMENT BY: LINDEN J.A.

CONCURRED IN BY: SHARLOW J.A.

CONCURRING REASONS BY: ROTHSTEIN J.A.

Date: 20020514

Dockets: A-806-99

A-807-99

A-808-99

Neutral citation: 2002 FCA 187

CORAM: LINDEN J.A.

ROTHSTEIN J.A.

SHARLOW J.A.

A-806-99

(T-1618-93)

BETWEEN:

CCH CANADIAN LIMITED

Appellant

(Plaintiff)

and

THE LAW SOCIETY OF UPPER CANADA

Respondent

(Defendant)

A-807-99

(T-1619-93)

BETWEEN:

THOMSON CANADA LIMITED c.o.b. as

CARSWELL THOMSON PROFESSIONAL PUBLISHING

Appellant

(Plaintiff)

and

THE LAW SOCIETY OF UPPER CANADA

Respondent

(Defendant)

A-808-99

(T-1620-93)

BETWEEN:

CANADA LAW BOOK INC.

Appellant

(Plaintiff)

and

THE LAW SOCIETY OF UPPER CANADA

Respondent

(Defendant)

REASONS FOR JUDGMENT

LINDEN J.A.

I. INTRODUCTION

[1] CCH Canadian Ltd., Thomson Canada Ltd. (which carries on business as Carswell Thomson Professional Publishing) and Canada Law Book Inc. (hereinafter "the Publishers") produce legal materials. The Law Society of Upper Canada (hereinafter "the Law Society") is a statutory, non-profit corporation that governs the legal profession in the province of Ontario. As part of its mandate to serve and assist its members and other researchers, the Law Society operates the Great Library at Osgoode Hall in Toronto. The Great Library has one of the largest collections of legal materials in Canada.

[2] Upon request from lawyers, articling students, the judiciary or other authorized researchers the Law Society will photocopy legal materials from the Great Library's collection. Library users can pick up photocopies or have them forwarded by mail or facsimile. The photocopying service is intended to be carried out in accordance with the Law Society's "Access to the Law Policy", which states:

Access to the Law Policy*

The Law Society of Upper Canada, with the assistance of the resources of the Great Library, supports the administration of justice and the rule of law in the Province of Ontario. The Great Library's comprehensive catalogue of primary and secondary legal sources, in print and electronic media, is open to lawyers, articling students, the judiciary and other authorized researchers. Single copies of library materials, required for the purposes of research, review, private study and criticism, as well as use in court, tribunal and government proceedings, may be provided to users of the Great Library.

This service supports users of the Great Library who require access to legal materials while respecting the copyright of the publishers of such materials, in keeping with the fair dealing provisions in Section 27 of the Canadian Copyright Act.

Guidelines to Access

1. The Access to the Law service provides single copies for specific purposes, identified in advance to library staff.

2. The specific purposes are research, review, private study and criticism, as well as use in court, tribunal and government proceedings. Any doubt concerning the legitimacy of the request for these purposes will be referred to the Reference Librarian.

3. The individual must identify him/herself and the purpose at the time of making the request. A request form will be completed by library staff, based on information provided by the requesting party.

4. As to the amount of copying, discretion must be used. No copies will be made for any purpose other than that specifically set out on the request form. Ordinarily, requests for a copy of one case, one article or one statutory reference will be satisfied as a matter of routine. Requests for substantial copying from secondary sources (e.g. in excess of 5% of the volume or more than two citations from one volume) will be referred to the Reference Librarian and may ultimately be refused.

5. This service is provided on a not for profit basis. The fee charged for this service is intended to cover the costs of the Law Society.

*This Policy Statement reflects the policy followed by the Great Library for the past many years and is not regarded as being a change in the Law Society's approach to this matter.

Jan. 28, 1996

[3] When the Policy was put into writing in 1996 it was not intended to depart from the existing policy, although ...

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