Law Society of Upper Canada v. CCH Canadian Ltd. (Part 2 of 2)

Supreme Court Hearings

Law Society of Upper Canada v. CCH Canadian Ltd. (Part 2 of 2)

The court hears arguments in case #29320, The Law Society of Upper Canada, et al. v. CCH Canadian Limited, et al., on November 10, 2003.

In 1993, publishing companies CCH Canadian Ltd., Carswell Thomson Professional Publishing, and Canada Law Book Inc. sued the Law Society of Upper Canada. The publishers claimed that the Law Society had infringed their copyright through a custom photocopy service offered at the library that the Law Society operates at Osgoode Hall in Toronto, Ont. The publishers claimed the Law Society infringed on its copyright every time a copy of any part of one of its publications was made through this service. The Trial Division of the Federal Court of Canada agreed. The Law Society of Upper Canada subsequently appealed to the Supreme Court of Canada.

Lawyer Roger Hughes presents arguments on behalf of the publishers. He responds to questions from Supreme Court justices Frank Iacobucci, Beverley McLachlin, and Louise Arbour. Lawyers Thomas Heintzman and Barry Sookman speak on behalf of the Canadian Publishers’ Council and the Association of Canadian Publishers, interveners in the case.