Case information
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35353
Canadian Artists' Representation/Front des artistes canadiens, et al. v. National Gallery of Canada
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-04-22 | Correspondence (sent by the Court) to, the respondent. Returning 2 out of the 3 copies of the Satifaction of Judgment. | |
| 2015-04-17 | Correspondence received from, the respondent. Satisfaction of Judgment. | Canadian Artists' Representation/Front des artistes canadiens |
| 2014-06-13 | Appeal closed | |
| 2014-06-13 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-06-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-06-12 |
Written reasons rendered after oral judgment, CJ LeB Abe Ro Cro Mo Wa, On this day, reasons were delivered and the judgment was restated as follows: The appeal is allowed and the Tribunal’s order is reinstated. Costs are awarded to the appellants on the appeals before this Court and the Federal Court of Appeal. Allowed, with costs |
|
| 2014-06-02 | Transcript received, (104 pages) | |
| 2014-05-15 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-05-15 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-05-14 |
Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Wa, The appeal from the judgment of the Federal Court of Appeal, Number A-84-12, 2013 FCA 64, dated March 4, 2013, was heard on May 14, 2014, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE — The appeal is allowed, with reasons to follow. Allowed |
|
| 2014-05-14 | Judgment reserved OR rendered with reasons to follow | |
| 2014-05-14 |
Hearing of the appeal, 2014-05-14, CJ LeB Abe Ro Cro Mo Wa Judgment rendered |
|
| 2014-05-14 | Intervener's condensed book, (Book Form), (14 copies) distributed at the hearing | SODRAC 2003 Inc. |
| 2014-05-14 | Respondent's condensed book, (Book Form), (14 copies) distributed at the hearing | National Gallery of Canada |
| 2014-05-14 | Appellant's condensed book, (Book Form), (14 copies) distributed at the hearing | Canadian Artists' Representation/Front des artistes canadiens |
| 2014-04-30 | Correspondence received from, David Yazbeck, dated April 30, 2014 - Request for 23 reserved seats | Canadian Artists' Representation/Front des artistes canadiens |
| 2014-04-30 | Correspondence received from, Guy Régimbald, dated April 30, 2014, by fax, Re: will be taking over as agent on this file for Henry Brown | National Gallery of Canada |
| 2014-04-30 | Notice of appearance, Sophie Roy-Lafleur, Guy P. Dancosse and Guy Régimbald will be present at the hearing | National Gallery of Canada |
| 2014-04-24 | Notice of appearance, David Yazbeck, Michael Fisher and Wassim Garzouzi will be present at the hearing | Canadian Artists' Representation/Front des artistes canadiens |
| 2014-04-22 | Notice of appearance, (Letter Form), Joshua S. Phillips and Karen Ensslen will appear at the hearing. Mr. Phillips will present oral arguments. | Writers Guild of Canada and Canadian Screenwriters Collection Society |
| 2014-04-16 | Correspondence received from, 2 reserved seats requested | Société du droit de reproduction des auteurs compositeurs et éditeurs du Canada |
| 2014-04-16 | Notice of appearance, Colette Matteau will be present at the hearing. | Société du droit de reproduction des auteurs compositeurs et éditeurs du Canada |
| 2014-04-10 |
Order by, Ro, FURTHER TO THE ORDER dated February 13, 2014, granting leave to intervene to the Writers Guild of Canada and Canadian Screenwriters Collection Society and the Société du droit de reproduction des auteurs compositeurs et éditeurs du Canada and SODRAC 2003 Inc.; IT IS HEREBY FURTHER ORDERED THAT the said two groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2014-04-09 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-09, (Electronic version filed on 2014-04-09) | Writers Guild of Canada and Canadian Screenwriters Collection Society |
| 2014-04-09 | Intervener's factum, (Book Form), Completed on: 2014-04-09, (Electronic version filed on 2014-04-09) | Writers Guild of Canada and Canadian Screenwriters Collection Society |
| 2014-04-04 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-04, (Electronic version filed on 2014-04-04) | Société du droit de reproduction des auteurs compositeurs et éditeurs du Canada |
| 2014-04-04 | Intervener's factum, (Book Form), Completed on: 2014-04-04, (Electronic version filed on 2014-04-04) | Société du droit de reproduction des auteurs compositeurs et éditeurs du Canada |
| 2014-03-18 | Notice of hearing sent to parties | |
| 2014-03-04 |
Appeal hearing scheduled, 2014-05-14 Judgment rendered |
|
| 2014-02-26 | Appeal perfected for hearing | |
| 2014-02-21 | Certificate of counsel (attesting to record) | National Gallery of Canada |
| 2014-02-21 | Respondent's book of authorities, (Book Form), 2 volumes, Completed on: 2014-02-21 | National Gallery of Canada |
| 2014-02-21 | Respondent's record, (Book Form), Completed on: 2014-02-21 | National Gallery of Canada |
| 2014-02-21 | Respondent's factum, (Book Form), Completed on: 2014-02-21 | National Gallery of Canada |
| 2014-02-13 | Order on motion for leave to intervene, (by ROTHSTEIN J.) | |
| 2014-02-13 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Writers Guild of Canada and Canadian Screenwriters Collection Society and the Société du droit de reproduction des auteurs compositeurs et éditeurs du Canada et SODRAC 2003 Inc. for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Writers Guild of Canada and Canadian Screenwriters Collection Society and the Société du droit de reproduction des auteurs compositeurs et éditeurs du Canada et SODRAC 2003 Inc. are granted and the said two interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before April 10, 2014. The request of the Société du droit de reproduction des auteurs, compositeurs et éditeurs du Canada et SODRAC 2003 Inc. for leave to file additional evidence to complete the record is denied. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their interventions. Granted |
|
| 2014-02-13 | Submission of motion for leave to intervene, Ro | |
| 2014-01-24 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-01-24, (Electronic version filed on 2014-01-24) | Canadian Artists' Representation/Front des artistes canadiens |
| 2014-01-23 | Intervener's book of authorities, (Book Form), Completed on: 2014-01-23 | Société du droit de reproduction des auteurs compositeurs et éditeurs du Canada |
| 2014-01-23 | Motion for leave to intervene, (Book Form), Completed on: 2014-01-23, (Electronic version filed on 2014-01-23) | Société du droit de reproduction des auteurs compositeurs et éditeurs du Canada |
| 2014-01-21 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-01-21, (Printed version filed on 2014-01-21) | Canadian Artists' Representation/Front des artistes canadiens |
| 2014-01-17 | Motion for leave to intervene, (Book Form), 3 volumes, Completed on: 2014-01-17, (Electronic version filed on 2014-01-17) | Writers Guild of Canada and Canadian Screenwriters Collection Society |
| 2013-12-09 | Appellant's book of authorities, (4 volumes), Completed on: 2013-12-09 | Canadian Artists' Representation/Front des artistes canadiens |
| 2013-12-09 | Appellant's record, (8 volumes), Completed on: 2013-12-09 | Canadian Artists' Representation/Front des artistes canadiens |
| 2013-12-09 | Appellant's factum, Completed on: 2013-12-09 | Canadian Artists' Representation/Front des artistes canadiens |
| 2013-11-27 | Discontinuance of miscellaneous motion, (by letter dated 2013-11-26) | Canadian Artists' Representation/Front des artistes canadiens |
| 2013-11-27 | Correspondence received from, Wassim Garzouzi dated 2013-11-26 re: withdrawal of the motion to file electronically | Canadian Artists' Representation/Front des artistes canadiens |
| 2013-10-24 | Notice of miscellaneous motion, (Book Form), to file the record electronically (see withdrawal letter dated 2013-11-26), Completed on: 2013-10-24 | Canadian Artists' Representation/Front des artistes canadiens |
| 2013-09-16 | Notice of appeal, Completed on: 2013-09-16 | Canadian Artists' Representation/Front des artistes canadiens |
| 2013-08-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2013-08-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-08-16 | Judgment on leave sent to the parties | |
| 2013-08-15 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-84-12, 2013 FCA 64, dated March 4, 2013, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2013-07-02 | All materials on application for leave submitted to the Judges, F Ro Mo | |
| 2013-06-13 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2013-06-13 | Canadian Artists' Representation/Front des artistes canadiens |
| 2013-06-03 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-06-03 | National Gallery of Canada |
| 2013-05-06 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-05-03 | Application for leave to appeal, (Book Form), 5 volumes, Completed on: 2013-05-03 | Canadian Artists' Representation/Front des artistes canadiens |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Canadian Artists' Representation/Front des artistes canadiens | Appellant | Active |
| Regroupement des artistes en arts visuels du Québec | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| National Gallery of Canada | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Writers Guild of Canada and Canadian Screenwriters Collection Society | Intervener | Active |
| Société du droit de reproduction des auteurs compositeurs et éditeurs du Canada | Intervener | Active |
| SODRAC 2003 Inc. | Intervener | Active |
Counsel
Party: Canadian Artists' Representation/Front des artistes canadiens
Counsel
Michael Fisher
Wassim Garzouzi
1600 - 220 Laurier Avenue West
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 567-2901
FAX: (613) 567-2921
Email: dyazbeck@ravenlaw.com
Party: Regroupement des artistes en arts visuels du Québec
Counsel
Michael Fisher
Wassim Garzouzi
1600 - 220 Laurier Avenue West
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 567-2901
FAX: (613) 567-2921
Email: dyazbeck@ravenlaw.com
Party: National Gallery of Canada
Counsel
Sophie Roy - Lafleur
1250, boul. René-Lévesque Ouest
Bureau 1400
Montréal, Quebec
H3B 5E9
Telephone: (514) 925-6395
FAX: (514) 925-5095
Email: guy.dancosse@lrmm.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Société du droit de reproduction des auteurs compositeurs et éditeurs du Canada
Counsel
353, rue Saint-Nicolas, bureau 210
Montréal, Quebec
H2Y 2P1
Telephone: (514) 281-0033
FAX: (514) 284-9328
Email: Bureau@matteaupoirier.com
Agent
867, boulevard Saint-René Ouest
Suite 8
Gatineau, Quebec
J8T 7X6
Telephone: (819) 243-2616
FAX: (819) 243-2641
Email: flanglois@deveau.qc.ca
Party: Writers Guild of Canada and Canadian Screenwriters Collection Society
Counsel
Joshua Phillips
30 St. Clair Avenue West
10th Floor
Toronto, Ontario
M4V 3A1
Telephone: (416) 969-3518
FAX: (416) 968-0325
Email: kensslen@upfhlaw.ca
Agent
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: SODRAC 2003 Inc.
Counsel
353, rue Saint-Nicolas, bureau 210
Montréal, Quebec
H2Y 2P1
Telephone: (514) 281-0033
FAX: (514) 284-9328
Email: Bureau@matteaupoirier.com
Agent
867, boulevard Saint-René Ouest
Suite 8
Gatineau, Quebec
J8T 7X6
Telephone: (819) 243-2616
FAX: (819) 243-2641
Email: flanglois@deveau.qc.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Labour relations - Collective bargaining - Duty to bargain in good faith - Administrative law - Judicial review - Copyright - Canadian Artists and Producers Professional Relations Tribunal finding that National Gallery failed to bargain in good faith when it reversed its bargaining position and refused to negotiate minimum fees for right to use existing works - Whether Court of Appeal erred in reviewing Tribunal’s decision on a correctness standard - Whether Court of Appeal erred in finding that certified artists’ associations are precluded from bargaining minimum fees for use of existing works in scale agreements under Status of the Artist Act - Whether Court of Appeal erred in finding that Tribunal was unable to conclude that National Gallery bargained in bad faith, after it misinterpreted legislative scope of collective bargaining in Tribunal’s enabling legislation - Status of the Artist Act, S.C. 1992, c. 33 - Copyright Act, R.S.C. 1985, c. C-42.
The Canadian Artists and Producers Professional Relations Tribunal certified the appellants as the representative organizations for visual artists in Canada. In 2003, the appellants began negotiating with the National Gallery, and those negotiations covered the issue of minimum fees for the use of existing works. In 2007 the National Gallery was provided with a legal opinion whose ultimate conclusion was that it could legitimately refuse to discuss copyright issues with the appellants. It later presented a revised draft scale agreement to the appellants in which all references to the minimum fees for the use of existing works had been removed.
The appellants filed a complaint with the Tribunal, which found that the National Gallery failed to bargain in good faith when it reversed its bargaining position and refused to bargain minimum fees for the right to use existing works with the appellants after having done so for many months. The Federal Court of Appeal, in a majority judgment, allowed the National Gallery’s application for judicial review and set aside the Tribunal’s decision.
Lower court rulings
Federal Court of Appeal
A-84-12, 2013 FCA 64
Application for judicial review allowed
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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Factums on appeal
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Downloadable PDFs
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