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Court File No. T-578-13

FEDERAL COURT

B ETWEEN:

THE CANADIAN COPYRIGHT LICENSING AGENCY


("ACCESS COPYRIGHT")

Plaintiff/
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YORK UNIVERSITY /ayi~~ii Grs>r~vs L
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Plaintiff by Counterclaim

'.vOTICE OF MOTION

TAB NOTICE TAAT the plaintiff will make a motion to the court, in writing pursuant

to Rule 369 of the Federal Cout-ts Rules, for directions concerning the quantification ofthe award

of costs made in the plaintiffs favour in the Judgment dated July 12, 2017.

THE MOTION IS FOR:

1. An order, pursuant to Rules 3 and 400(4), awarding the plaintiff a lump sum of

$549,703.00 [$321,000 in fees and $228,703.00 in disbursements/HST] in

accordance with the award of costs made in its favour in the Judgment issued July

12, 2017;

2. In the alternative to the relief requested in paragraph 1 above, an order, pursuant to

Rules 400(5) and 403, directing the Assessment Officer to assess the plaintiffs
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costs in accordance with the directions set out in Schedule "A" to this Notice of

Motion;

3. Costs of this motion; and

4. Such other relief as to this Honourable Court may seem just.

THE GROUNDS FOR THE MOTION A~tE:

A. Introduction

1. The plaintiff was awarded its costs of the action in the Judgment issued July 12,

2017.

2. During the proceedings, from the commencement of the action in Apri12013 until

the conclusion of trial in June 2016, the plaintiff was represented by three salaried

litigation counsel who were its employees.

3. One of the principal reasons for hiring these lawyers was the commencement and

prosecution of this action.

4. Of the total expenses incurred by the plaintiff to employ these litigation

counsel/employees, $642,000 may be fairly attributed to the assessable services

rendered by them to the plaintiff-for the purposes of this action.

5. The plaintiff also incurred disbursements in addition to the expenses incurred to

employ its Litigation counsel. The total of these disbursements, inclusive of HST,

was $ $228,703.00. A breakdown ofthese amounts is provided in the draft Bills of

Costs attached to the affdavit of Roanie Levy fled in support of this motion.

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B. Request for an award of lump sum costs

6. The practice of awarding lump sum costs as a percentage of actual costs reasonably

incurred is weft established in the jurisprudence.

7. Increased costs in the form of lump sum awards tend to range between 25% and

50% of actual fees. The amount requested by the plaintiff is 50% of the amount set

out in paragraph 4 above.

8. A lump sum award of costs in this action would further the objective of the Rules

of securing the just, most expeditious and least expensive determination of this

issue.

9. A consideration of the relevant factors in awarding costs set out in Rule 400(3)

supports the amount ofthe lump sum award of costs requested by the plaintiff.

10. A costs award generated even at the high end of Column V of Tariff B would bear

little relationship to the objective of making a reasonable contribution to the

plaintiffs costs of this litigation.

C. Alternative request for directions to the Assessment Officer

1 1. In the event the trial judge declines to award lump sum costs, the plaintiff requests

that the court make the directions to the Assessment Officer as set out in Schedule

"A" to this Notice of Motion.

12. The directions requested are reasonable in'the circumstances of this case.

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THE FOLLOWING DOCUMENTS are relied upon by the plaintiff:

1. Affidavit of Roanie Levy affirmed August 9, 2017;

2. Written Representations dated August 9, 2017;

3. Such further and other evidence and submissions that the plaintiff may file in reply to the

defendant's evidence and submissions filed in accordance with Rule 369(2).

DATED AT TORONTO,ONTARIO THIS 9TH DAY OF AUGUST 2017.

Arthur B. Renaud
Barrister &Solicitor
40 Rivercrest Road
Toronto, ON M6S 4H3

~647)984-1049
a.b.renaud~mail.coni

ADDRESS FOR SERVICE:

Access Copyright
320-56 Wellesley St. W.
Toronto, ON MSS 2S3

Counsel for the plaintiff

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