Notices, Orders and Rulings

Decision Information

Decision Content

Copyright Board
Canada

Canada Coat of Arms/Armoiries du Canada

Commission du droit d’auteur
Canada

 

[CB-CDA 2024-065]

 

ORDER OF THE BOARD

 

Matter: 71-2023-01 Totem Médias Inc. v CONNECT Music Licensing Service Inc.

August 9, 2024

 

[1] This Order deals with

- Totem’s request to fix a date for responses to CONNECT’s deficiency motion; and

- CONNECT’s claims of deficiencies in relation to Totem’s response to a question from the Board.

[2] I grant Totem’s request and deny CONNECT’s motion in respect of Totem’s responses to the Board.

I. Responding to Deficiency motions

[3] On August 7, 2024, CONNECT filed deficiency motions in relation to Totem’s responses to interrogatory questions.

[4] On the same date, Totem requested that the Board fix a date by which Totem may respond to the deficiency motions, and that this be August 16, 2024.

[5] Totem may file any replies to CONNECT’s claims of deficiencies by Friday, August 16, 2024.

II. Claims of deficiencies in regards to responses to Board questions

[6] In the same document containing claims of deficient responses to interrogatory questions, CONNECT also identified purported deficiencies in Totem’s response to one of the questions from the Board (Notice 2024-048 Q2).

[7] I have provided for no such step. Instead, Parties have the opportunity to reply to each others’ responses to the Board’s questions. In this case, this is to be done by Monday, August 12, 2024 (Ruling 2024-049, para. 37).

[8] This permitted reply can include submissions on the completeness of the response. This does not mean, however, that such submissions are considered deficiency motions.

[9] As such, CONNECT’s motion in respect of Totem’s responses to the Board is denied.

 

Luc Martineau

Chair, Copyright Board

 

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