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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 RespondentsAPPLICATION
‘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