Leuthold v. Canadian Broadcasting Corp. et al., (2013) 444 N.R. 260 (FCA)

• Judge: Noël, J.A.
• Court: Federal Court of Appeal (Canada)
• Case Date: April 18, 2013
• Jurisdiction: Canada (Federal)
• Citations: (2013), 444 N.R. 260 (FCA);2013 FCA 95

Leuthold v. CBC (2013), 444 N.R. 260 (FCA)

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2013] N.R. TBEd. AP.022

Catherine Leuthold (appellant) v. Canadian Broadcasting Corporation and Jerry McIntosh (respondents)

(A-330-12; 2013 FCA 95; 2013 CAF 95)

Indexed As: Leuthold v. Canadian Broadcasting Corp. et al.

Federal Court of Appeal

Noël, J.A.

April 18, 2013.

Summary:

Leuthold, a photo journalist, sued the Canadian Broadcasting Corp. (CBC) and a director of CBC News for copyright infringement, for using her photographs in a documentary without permission. She claimed damages of $21,554,954.25.

The Federal Court, in a decision reported at 413 F.T.R. 162, allowed the action and awarded damages of $19,200. Leuthold appealed. The respondents brought a motion to obtain security for costs.

The Federal Court of Appeal denied the motion.

Practice - Topic 8112

Costs - Security for costs - Where plaintiff insolvent or impecunious - Leuthold, a photo journalist, sued the Canadian Broadcasting Corp. (CBC) and a director of CBC News for copyright infringement, for using her photos in a documentary without permission - She claimed damages of $21,554,954.25 - The Federal Court held that there had been unauthorized communications of the photos, but only on six occasions - Damages were limited to $19,200 - Leuthold appealed - An issue on appeal was whether a communication to the public took place when the photos were transmitted to the broadcasting distribution undertaking, or on each occasion that the photos were re-transmitted to the public - The respondents moved to obtain security for costs of $50,000 from Leuthold, on the basis that she resided in the United States - The Federal Court of Appeal denied the motion - Leuthold's annual income was less than $15,000 - Requiring her to post security would lead to discontinuance of her appeal - The appeal had merit, as the issue raised could lead to an award that was more favourable to Leuthold.

Practice - Topic 8113

Costs - Security for costs - Where plaintiff resident out of jurisdiction - General - [See Practice - Topic 8112 ].

Practice - Topic 8206.2

Costs - Security for costs - Security for costs of an appeal - Application - Considerations - [See Practice - Topic 8112 ].

Counsel:

Daniel F. O'Connor, for the appellant;

Alain Dussault, for the respondents.

Solicitors of Record:

Daniel F. O'Connor, Pointe-Claire, Quebec, for the appellant;

Fasken Martineau Dumoulin, S.E.N.C.R.L., Montreal, Quebec, for the respondents.

This motion was dealt with in writing without appearance of parties before Noël, J.A., of the Federal Court of Appeal, who delivered the following reasons for order at Ottawa, Ontario, on April 18, 2013.