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Ds / } / 2-19 a cout Feo, 1100 Ly FEDERAL COURT o FEDERAL COURT ¢ COURFEDERALE 9 i : BETWEEN; bor 10708 a| (Cont Sea D_vetonmamuoov_@ ToRonTo.on | CANADIAN BROADCASTING CORPORATION / SOCIETE KADIU-CANADA, JUHN PAUL LASKEK and ROSEMARY BARTON Applicants and ‘CONSERVATIVE PARTY OF CANADA, CONSERVATIVE FUND ‘CANADA, DUSTIN VAN VUGT and JOHN DOE, Respondents Application under rule 300 of the Federal Court Rules, SOR/98-106 and section 34 of the Copyright Act, RSC 1985, ¢. C-42 NOTICE OF APPLICATION ‘TO THE RESPONDENT(S) ‘A PROCEEDING HAS BEEN COMMENCED by the Applicant, The relief claimed by the Applicant appears onthe following page. ‘THIS APPLICATION will be heard by the Court at atime and place tobe fixed by the Judicial Admiristrator. Unless the Court orders otherwise, the place of hearing will be as requested by the Applicant. The Applicant requests that this application be heard at Toronto, Ontario. TF YOU! WISI TO OPPOSE THIS APPLICATION, to receive notice of any step in the applicator orto be served with any documents in the application, you or a solicitor acting for yo1 must ile a notice of appearance in Form 305 prescribed by the Federal Courts Rules and serve it on the Applicant's solicitor or, ifthe Applicant is solfrepresented, on the Applicant, WITHIN 10 DAYS after being served with this notice of application Copies ofthe Federal Courts Rules information concerning the local offices of the Court and other necessary information may be obtained on request to the ‘Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office. IF YOU FAIL TO OPPOSE THIS APPLICATION, JUDGMENT MAY BE GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU, oe Issued by Date COS Reety Officer Address of F local office: 180 Queen Street West Suite 200, Toronto, Ontario MSV 316 10: DENTONS LLP Toronto-Dominion Centre 77 King Street West, Suite 400 Toronto ON MSK OAL Matthew Diskin Tee 116863-491 atendokodsct Lawyers for the Respondents APPLICATION ‘The Applican's make Application for: [A declaration that the respondents, Conservative Panty of Canada, Conservative Fund Canada, Dustin Van Vugt andr John Doe have engaged in the unauthorized use of eopyright-protccted material owned by the applicant, Canadian Broadcasting Corporation/Société Radio-Canada, in contravention of the Copyright Act, RS.C. 1985, ¢. C-42, as amended; ‘A. declaration that the respondents, Conservative Party of Canada, Conservative Fund Canada, Dustin Van Vugt and /or John Doe have violated the moral righ’ of the applicants, Rosemary Barton and John Paul Tasker, who ‘are the authors and performers ofthe copyright-protected material ‘An interion and inteslocutory injunction restraining the respondents from publishing the Infringing Material (as defined below) or from further publishing otherwise disseminating any material that infringes on the applicants’ copyright, AA permanent injunction restraining the respondents from publishing the Infringing Maerial (as defined below) and from further publishing or otherwise disseminating any material that infringes on the applicants" copyright; ‘The costs of this proceeding on a substantial indemnity scale; and Such further and other relief as this Honourable Coust deems just. The grounds for the application are: The Parties 7. The applicant, Canadian Broadcasting Corporation Société Radio-Canada (*CBCRadle-Canada”)is the Canadian national public broadcaster with he mandate specified inthe Broadcasting Act, 1991, S.C. 1991.11, Pursuant to that mandate, CBC/Radio-Canada delivers a wide range of programs that inform, enlghen and entertain and isa erica source of news and information throughout Cenada. 8 The applicants, John Paul Tasker and Rosemary Barton, are journalists for ‘CBC/Radio-Canada. 9. The Conservative Party of Canada (the “Conservative Party”) is @ federal political partyin Canada. 10, Dustin Van Vagt (“Van Vugt’) isthe Executive Director of the Conservative Panty 11. The Conservative Fund Canada (the “Conservative Fund”) is a non-share capital corporation incorporated under the Canada Corporations dct, RSC. 1970, ¢. C32, According to the Constitution ofthe Conservative Party the Conservative Fund isthe Chief Agent ofthe Conservative Part. Its also the Chi f Agent of the Conservative Party registered with Elections Canada pursuant to the Canada Elections Act, S.C. 2000, ¢. 9. se 12. The Conservative Party, on its own or through its agents, is responsible at law forall decisions made and actions taken in its name, including the impugned conduct described in this Application. 13. Further, or in the alternative, Van Vugt, as Exceutive Director of the ‘Conservative Party, is responsible at law for all decisions made and actions taken in the name of the Conservative Paty, including the impugned conduct