ontario superior court of justice heather … · cedrom-sni inc., torstar corporation, rogers media...

Court File No. 03-CV-252945CPONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N :

HEATHER ROBERTSONPlaintiff

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PROQUEST INFORMATION AND LEARNING COMPANY,CEDROM-SNI INC., TORSTAR CORPORATION,

ROGERS MEDIA INC. AND CANWEST PUBLICATIONS INC.Defendants

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VARIOUS OTHER PARTIES LISTED ON SCHEDULE “A”

Third Parties

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Fourth Parties

Proceeding under the Class Proceedings Act, 1992

MOTION RECORD OF THIRD AND FOURTH PARTIES LISTED ON SCHEDULE ‘B’

(Returnable September 14-15, 2009)

August 14, 2009 McCarthy Tétrault LLPSuite 5300, Toronto Dominion Bank TowerToronto ON M5K 1E6

William Black LSUC#: 29774ITel: 416-601-7972Steven G. Mason LSUC#: 35989RTel: 416-601-7703Daniel G.C. Glover LSUC#: 52254OTel: 416-601-8069Fax: 416-868-0673

Lawyers for the Third and Fourth Parties inSchedule “B” attached

TO: Koskie Minsky LLPSuite 900, Box 5220 Queen Street WestToronto ON M5H 3R3Kirk Baert

Tel: 416-977-8353Fax: 416-977-3316

Solicitors for the Plaintiff

AND TO: Cameron MacKendrickSuite 410150 York StreetToronto, ON M5H 3S5

Donald CameronChristina Capone SettimiChad MathesonTel: 416-364-1700Fax: 416-364-1712

Solicitors for the Defendant,ProQuest Information and Learning LLC

AND TO: TORYS LLP3000 - 79 Wellington Street WestTD CentreToronto, ON M5K 1N2

Wendy MathesonAndrew BernsteinTel: 416-865-8133Fax: 416-865-7380

Solicitors for Rogers Publishing Limited (Formerly Rogers Media Inc.)

AND TO: LENCZNER SLAGHT LLP2600 - 130 Adelaide Street WestToronto, ON M5H 3P5

Alan J. Lenczner, Q.C.Thomas CurryK. McGrann416-865-2922416-865-9010

Solicitors for Canwest Publishing Inc. (Formerly Canwest Publications Inc.)

AND TO: FASKENS MARTINEAU DUMOULIN LLPStock Exchange TowerP.O. Box 2423400 - 800 Place VictoriaMontreal, QC

Julie DesrosierTel: (514) 397-7400Fax: (514) 397-7600

Solicitors for CEDROM-SNI Inc.

AND TO: BLAKE CASSELS & GRAYDON LLP2800 - 199 Bay StreetCommerce Court WestToronto, ON M5L 1A9

Paul B. SchabasErin HoultRyder GillilandTel: 416-863-4274Fax: 416-863-2653

Solicitors for Toronto Star Newspapers Ltd.

AND TO: DAVIS LLPSuite 5600 - 1 First Canadian PlaceToronto, ON M5X 1E2

Peter Jervis (LSUC #22774A)Tel: 416.365.3506Fax: 416.369.5203

David Foulds (LSUC #38217J)Tel: 416.941.5392Fax: 416.777.7414

Solicitors for Alternatives Journal (University of Waterloo), Association for the Study of Humor, Bank of Canada, Canada Wide Magazine, Canadian Association for Latin American and Caribbean Studies, Canadian Association of Radiologists, Canadian Association for Social Work Education (formerly known as Canadian Association of Schools of Social Work), Canadian Centre for Policy Alternatives, Canadian Chiropractic Association, Canadian Institute of Mining, Metallurgy and Petroleum, Canadian Journal of Philosophy, Canadian Tax Foundation, Entomological Society of Canada, Estey Centre for Law and Economics in International Trade, Institute of Chartered Accountants of British Columbia, Ontario Historical Society, Registered Nurses Association of British Columbia, Stanversal Publishing, The Canadian Society of Respiratory Therapists, Canada’s National History Society, Canadian Association of University Teachers, Canadian Committee on Labour History, Canadian Council of Teachers of English Language Arts, Canadian Nature Federation, CM Board (Manitoba Library Association), Legal Resource Centre of Canada, Mennonite Publishing Service, Presbyterian Church in Canada, University of Waterloo

AND TO: O'DONNELL, ROBERTSON & SANFILIPPO Eighth Floor, Box 99One Queen Street EastToronto, ON M5C 2W5

Stuart M. RobertsonTel: (416) 214-0606Fax: (416) 214-0605

Solicitors for Northern News Services Ltd. (The Yellowknifer), Municipal World Inc., University of Toronto Press, Northern Ontario Business, Canadian Press, Canadian Jewish News, Edmonton Journal

AND TO: LENCZNER SLAGHT LLP2600 - 130 Adelaide Street WestToronto, ON M5H 3P5

Kris Borg-OlivierTel: (416) 865-2978Fax: (416) 865-9010

Solicitors for Brandon University, The University of Saskatchewan (Canadian Journal of History), McGill University Faculty of Education, The University of Manitoba (Mosiac), University of Calgary, University Of Toronto, University of Western Ontario

AND TO: TORYS LLPSuite 300079 Wellington St. W.Toronto, ON M5K 1N2

Afshan AliTel: (416) 865-8233Fax: (416) 865-7380

Solicitors for Thomson Reuters Canada Limited

AND TO: Robertson Stromberg Pedersen LLP600-105-21st Street EastSaskatoon, SK S7K 0B3

Reynold A. Robertson, Q.C.Tel: (306) 933-1348Fax: (306) 652-2445

Solicitors for Operating Room Nurses Association of Canada

AND TO: BERSENAS JACOBSEN CHOUEST THOMSON BLACKBURN LLP201 - 33 Yonge StreetToronto, ON M5E 1G4

Peter M. Jacobsen/Carlos P. MartinsTel: (416) 982-3803Fax: (416) 982-3801

Solicitors for Canadian Medical Association

AND TO: STIEBER BERLACH LLP900 - 130 Adelaide Street WestToronto, ON M5H 3P5

Elizabeth BowkerTel: (416) 594-4677Fax: (416) 366-1466

Solicitors for Canadian Bankers' Association, Canadian Society for Clinical Investigation, Queen's University, University of Alberta, Health Law Institute

AND TO: SHIBLEY RIGHTON LLP700 - 250 University AvenueToronto, ON M5H 3E5

James E. MinnsTel: (416) 214-5259Fax: (416) 214-5459

Solicitors for the Fourth Parties, Canadian Education Association and Ontario Public School Boards' Association

AND TO: BLAKENEY HENNEBERRY MURPHY & GALLIGAN8 King Street East, Suite 1501Toronto, ON M5C 1B5

William J. BlakeneyTel: (416) 408-4400Fax: (416) 408-4900

Solicitors for the Jesuits of Upper Canada Province

AND TO: LANG MICHENER LLPSolicitors - Patent and Trade Mark AgentsSuite 2500, Brookfield Place181 Bay StreetToronto, ON M5J 2T7

Peter E. J. WellsTel: (416) 307-4007Fax: (416) 304-3760

Solicitors for Canadian Institute of Chartered Accountants

AND TO: LANG MICHENER LLPBarristers & Solicitors300 - 50 O'Connor StreetOTTAWA, ON K1P 6L2

MICHAEL RANKIN613-232-7171 (Telephone)613-231-3139 (Facsimile)

Solicitors for Canadian Foreign Policy

AND TO: NELLIGAN O'BRIEN PAYNE LLP1500 - 50 O'Connor StreetOttawa, ON K1P 6L2

Raymond A. MurrayJoseph GriffithsTel: (613) 231-8305Fax: (613) 788-2357

Solicitors for the Canadian Public Health Association

AND TO: OSLER, HOSKIN & HARCOURT LLPP.O. Box 506100 - 1 First Canadian PlaceToronto, ON M5X 1B8

Andrea LaingTel: (416) 862-4870Fax: (416) 862-6666

Solicitors for the Conference Board of Canada and the Association of Universities and Colleges of Canada

AND TO: STEWART McKELVEY Suite 900Purdy's Wharf Tower One1959 Upper Water StreetHalifax, NS B3J 3N2

J. Andrew FraserTel: (902) 420-3390 dirFax: (902) 420-1417

Solicitors for Pearson Peacekeeping Centre

AND TO: MAC MAC & MACMacintosh, MacDonnell & MacDonaldAberdeen Business Centre260 - 610 East River RoadNew Glasgow, Nova Scotia B2H 5E5

David WallaceTel: (902) 752-8441Fax: (902) 752-7810

Solicitors for St Francis Xavier University

AND TO: TRENT UNIVERSITY1600 West Bank DrivePeterborough, ON K9J 7B8

Lon Knox, B.A. LLBGeneral CounselTel: (705) 748-1223Fax: (705) 748-1246

Solicitors for Trent University

AND TO: BORDEN LADNER GERVAIS LLPBarristers and SolicitorsScotia Plaza40 King Street WestTORONTO, ON M5H 3Y4

BARRY GLASPELL416-367-6104 (Telephone)416-367-6749 (Facsimile)

Solicitors for the Centre for Addiction and Mental Health

AND TO: BARRY GARNET, PRESIDENTFirst Reference Inc.1 - 50 ViceroyCONCORD, ON L4K 3A7

AND TO: BLANEY MCMURTRY LLPBarristers and Solicitors1400 - 20 Queen Street WestTORONTO, ON M5H 2V3

PETER F. KAPPELL416-596-3936 (Telephone)416-593-5437 (Facsimile)

Solicitors for the Pulsus Group

AND TO: AIRD & BERLIS LLPBarristers and SolicitorsBCE Place1800 - 181 Bay StreetTORONTO, ON M5J 2T9

HOWARD W. WINKLER416-865-3062 (Telephone)416-863-1515 (Facsimile)

Solicitors for Toronto Life Publishing

AND TO: HALIFAX HERALD LTD. 2717 Joseph Howe DriveP.O. Box 610Halifax, NS B3J 2T2

AND TO: BLACK PRESS LTD. (RED DEER ADVOCATE)2950 Bremner Ave.Red Deer, AB T4R 1M9

AND TO: LES ÉDITIONS DE L'ACADIE NOUVELLE (1984) LTÉE476, boul. Saint-Pierre OuestCaraquet, Nouveau-BrunswickE1W 1A3

AND TO: BRUNSWICK NEWS INC.939 Main StreetMoncton, NB E1C 8P3

AND TO: ABORIGINAL NURSES ASSOCIATION OF CANADA502-56 Sparks StreetOttawa, ON K1P 5A9

AND TO: ACTA PRESS2509 Dieppe Ave., S.W.Bldg B-6, Suite 101Calgary, AB T3E 7J9

AND TO: ADMINISTRATIVE SCIENCES ASSOCIATION OF CANADA DeGroote School of Business

McMaster University1280 Main Street W.Hamilton, ON L8S 4M4

AND TO: AFRICA LAW INSTITUTE240 Sparks StreetP.O. Box 55062 RPO Sparks StreetOttawa, ON K1P 1A1

AND TO: ALBERTA ASSOCIATION OF REGISTERED NURSES11620 - 168 Street NWEdmonton, AB T5M 4A6

AND TO: ANGLICAN CHURCH OF CANADA80 Hayden StreetToronto, ON M4Y 3G2

AND TO: APPRAISAL INSTITUTE OF CANADA203 - 150 Isabella StreetOttawa, ON K1F 1V7

AND TO: BAXTER PUBLISHING CO.310 Dupont StreetToronto, ON M5R 1V9

AND TO: BELL-NORTHERN RESEARCH LTD. c/o Nortel Corporate Headquarters195 The West MallToronto, ON M9C 5K1

AND TO: CANADA AND THE WORLDBox 22099Westmount Postal OutletWaterloo, ON N2L 6J7

AND TO: CANADIAN ASSOCIATION FOR BUSINESS ECONOMICS500 -111 Sparks StreetOttawa, ON K1P 5B5

AND TO: CANADIAN ASSOCIATION FOR BUSINESS EDUCATION204 - 260 Dalhousie StreetOttawa, ON KIN 7E4

AND TO: CANADIAN ASSOCIATION OF AFRICAN STUDIESUniversity of Toronto2 Sussex AvenueToronto, ON M5S 1J5

AND TO: CANADIAN BIOTECH NEWS20 Stonepark LaneNepean, ON K2H 9P4

AND TO: CANADIAN CONSUMER INC.P.O. Box 9300Ottawa, ON K1G 3T9

AND TO: CANADIAN DISARMAMENT INFORMATION SERVICE206 - 258 Wallace Ave.Toronto, ON M6P 3M9

AND TO: CANADIAN ETHNIC STUDIES ASSOCIATIONUniversity of Calgary301H Isbister BuildingWinnipeg, MB R3T 2N2

AND TO: CANADIAN GEOGRAPHIC ENTERPRISES200 - 1155 Lola StreetOttawa, ON K1S 5B6

AND TO: CANADIAN INSTITUTE OF INTERNATIONAL AFFAIRSGlendon College302 - 205 Richmond Street WestToronto, ON M5V 1V3

AND TO: CANADIAN INSTITUTE OF MANAGEMENT15 Collier Street, Lower LevelBarrie, ON L4M 1G5

AND TO: CANADIAN INSTITUTE OF UKRAINIAN STUDIESUniversity of Alberta352 Athabasca HallEdmonton, AB T6G 2E8

AND TO: CANADIAN LIBRARY ASSOCIATION328 Frank StreetOttawa, ON K2P 0X8

AND TO: CANADIAN NURSES ASSOCIATION50 DrivewayOttawa, ON K2P 1E2

AND TO: CANADIAN PSYCHOLOGICAL ASSOCIATION702 - 141 Laurier Avenue WestOttawa, ON K1P 5J3

AND TO: CANADIAN REVIEW OF SOCIAL POLICY, YORK UNIVERSITYYork University2044 Kinsmen Bldg., 4700 Keele StreetToronto, ON M3J 1P3

AND TO: CANADIAN SHAREOWNER MAGAZINE INC.806 - 4 King Street WestToronto, ON M3J 1P3

AND TO: CANADIAN SOCIETY FOR TRADITIONAL MUSICP.O. Box 4232, Station CCalgary, AB T2T 5N1

AND TO: CANADIAN SOCIOLOGY AND ANTHROPOLOGY ASSOCIATIONConcordia University1455 Blvd de MaisonneuveMontreal, QC H3G 1M8

AND TO: CANADIAN SPEECHESP.O. Box 250Woodville, ON KOM 2T0

AND TO: CANADIAN TREASURY MANAGEMENT REVIEWSouth Tower - 9th FloorRoyal Bank PlazaToronto, ON M5J 2J5

AND TO: CANADIAN WOMEN'S HEALTH NETWORK203 - 419 Graham AvenueWinnipeg, MB R3C OM3

AND TO: CARSWELL PUBLISHING2075 Kennedy RoadScarborough, ON MIT 3V4

AND TO: CENTER FOR BIOETHICS110 Des Pins Avenue WestMontreal, QC H2W 1R7

AND TO: CENTRE FOR COMMUNITY ENTERPRISES-142 C-149777 Somers RoadPort Alberni, BC V9Y 8N9

AND TO: CENTRES OF EXCELLENCE FOR WOMEN'S HEALTHCanadian Women's Health Network419 Graham AvenueWinnipeg, MB R3C OM3

AND TO: CINEACTION!40 Alexander Street, Apt. 705Toronto, ON M4Y 1B5

AND TO: CITIZENS FOR PUBLIC JUSTICE311- 229 College StreetToronto, ON M5T 1R4

AND TO: CLASSICAL ASSOCIATION OF CANADATrinity CollegeUniversity of Toronto6 Hoskin AvenueToronto, ON M5 S 1H8

AND TO: COMMUNICATION ENG209 - 5726 Sherbrooke Street WestMontreal, QC H4A 1W8

AND TO: CRAILER COMMUNICATIONS360 Dupont StreetToronto, ON M5R 1V9

AND TO: DECKER PERIODICALS, INC.20 Hughson Street, S. 10th FloorP.O. Box 620, Stn. LCD 1Hamilton, ON L8N 3K7

AND TO: ECW PRESS200 - 2120 Queen Street EastToronto, ON M4E 1E2

AND TO: EQUALITY ENTERPRISESP.O. Box 4617 Stn. EOttawa, ON KlS 5H8

AND TO: ENTOMOLOGICAL SOCIETY OF BRITISH COLUMBIA c/o Pacific Forestry Centre506 West Burnside RoadVictoria, BC V8Z 1M5

AND TO: EVERT COMMUNICATIONS LTD.1800 - 160 Elgin StreetOttawa, ON K2P 2C4

AND TO: FIREWEED INC.24 Ryerson AvenueToronto, ON M5T 2P3

AND TO: GRADUATE CENTRE FOR STUDY OF DRAMA University of Toronto214 College Street, 3rd FloorToronto, ON M5T 2Z9

AND TO: GREEN TEACHER95 Robert StreetToronto, ON M5S 2K5

AND TO: HERIZONS MAGAZINE, INC.P.O. Box 128Winnipeg, MB R3C 2G1

AND TO: HUMAN RIGHTS INTERNET302 - 8 York StreetOttawa, ON KIN 5S5

AND TO: INANNA PUBLICATIONS & EDUCATION INC.210 Founders CollegeYork University4700 Keele StreetToronto, ON M3J 1P3

AND TO: INDUSTRY CANADA69 Sparks StreetOttawa, ON K1P 5A5

AND TO: INFORMATION TECHNOLOGY RESEARCH GROUP, INC.602 Queens AvenueLondon, ON N6B 1Y8

AND TO: INITIATIVES FOR WOMEN'S HEALTH, INC. 419 Graham Avenue, Main FloorWinnipeg, MB R3C OM3

AND TO: INROADS, INC.37777 Kent Avenue, Suite AMontreal, QC H3S 1N4

AND TO: INSTITUTE FOR URBAN STUDIES103 - 520 Portage AvenueWinnipeg, MB R3C OG2

AND TO: INTERNATIONAL COUNCIL FOR ADULT EDUCATIONHumber Institute of Technology and Advanced LearningSchool of Media Studies and Information Technology205 Humber College Blvd.Toronto, ON M9W 5L7

AND TO: IR RESEARCH SERVICESP.O. Box 1092Kingston, ON K7L 4Y5

AND TO: JANGAR PUBLICATIONS, INC.11966 Woodbine AvenueGormley, ON LOH 1GO

AND TO: JCFT FOREST COMMUNICATIONS90 Morgan, Unit 14Baie d'Urfe, QC H9X 3A8

AND TO: KEN HAYCOCK & ASSOCIATES101 - 1001 West Broadway, Suite 962 Vancouver, BC V6H 4E4

AND TO: LAURENTIAN TECHNOMODIA INC.302 - 55 Town Centre CourtScarborough, ON M1P 4X4

AND TO: LAVAL UNIVERSITYDepartment des Relations IndustriellesPavilion J.-A. DeSeveQuebec, QC G1K 7P4

AND TO: LITERARY REVIEW OF CANADA3A - 581 Markham StreetToronto, ON M6G 2L7

AND TO: MACLEAN-HUNTER BUSINESS PRODUCTIONS777 Bay Street - 5th FloorToronto, ON M5W 1A7

AND TO: MANITOBA BUSINESS MAGAZINE (1966) LTD.508 - 294 Portage AvenueWinnipeg, MB R3C OB9

AND TO: MANITOBA HISTORICAL SOCIETY 61 Carlton StreetWinnipeg, MB R3C 1N7

AND TO: NEW INTERNATIONALIST CO-OPERATIVE393 - 401 Richmond Street WestToronto, ON M5V 3A8

AND TO: NORTHERN STAR COMMUNICATIONS LIMITED5th Floor, 900 - 6th Avenue, S.W.Calgary, AB T2P 3K2

AND TO: OPTIMIST503 Hanson StreetWhitehorse, YK Y1A 1Y9

AND TO: OUR TIMES PUBLISHING INC.407 - 15 Gervais DriveToronto, ON M3C 1Y8

AND TO: PEGASUS PUBLISHING INC.130A Cree CrescentWinnipeg, MB R3J 3W1

AND TO: PEREGRINA PUBLISHING COL.17 Woodside AvenueToronto, ON M6P 1L6

AND TO: PERFORMING ARTS & ENTERTAINMENT IN CANADA104 Glenrose AvenueToronto, ON M4T 1K8

AND TO: QUARRY PRESS P.O. Box 1061Kingston, ON K7L 4Y5

AND TO: RESOURCES FOR FEMINIST RESEARCH, UNIVERSITY OF TORONTO 100 - 252 Bloor StreetToronto, ON M5 S 1V6

AND TO: SCANDINAVIAN PRESS 1294 West 7th AvenueVancouver, BC V6H 1B6

AND TO: STATISTICS CANADAHousing Family and Social Statistics Division

9th Floor, RH Coats BuildingOttawa, ON K1A OT6

AND TO: STONE AND COX, LTD.500 -111 Peter StreetToronto, ON KIA OT6

AND TO: STYLE COMMUNICATIONS, INC.c/o Canadian Jeweller1106 - 60 Bloor Street WestToronto, ON M4W 3B8

AND TO: SUNRISE PUBLISHING LTD.2213 C Hanselman CourtSaskatoon, SK S7L 6A8

AND TO: UNITED WESTERN COMMUNICATIONS LTD.10441 - 178 Street, N.W. Suite 208Edmonton, AB T5S 1R5

AND TO: UNIVERSITY OF SASKATCHEWAN DEPARTMENT OF RELIGION9 Campus DriveSaskatoon, SK S7N 5A5

AND TO: WYNDHAM WISE70 Cambridge Avenue, Apt. 1233Toronto, ON M4K 2L5

AND TO: YOUNGBLOOD PUBLISHING LTD.404 - 4580 Dufferin StreetNorth York, ON M3H 5Y2

AND TO: ALBERTA TEACHERS’ ASSOCIATIONBarnett House 11010-142 St.Edmonton AB T5N 2R1

AND TO: Arts Manitoba Publications Inc. 70 Arthur St Suite 505Winnipeg, MB, R3B 1G7

AND TO: Association of Canadian Studies 1822-A Sherbrooke W.Montreal, PQ H3H 1E4

AND TO: Atlantic Provinces Economic Council 1 Sackville PlaceHalifax, NS, B3J 1K1

AND TO: Avid Media Inc. 340 Ferrier St. Suite 210Markham, ON L3R 2Z5

AND TO: Bishop's University Eastern Townships Research Centre2600 College St Sherbrooke, QC, J1M 1Z7

AND TO: Briarpatch Inc. 2138 McIntyre StRegina, SK, S4P 2R7

AND TO: British Columbia Historical News, British Columbia Historical FederationPO Box 5254 Station B, Victoria BC V8R 6N4

AND TO: British Columbia Report Magazine Inc. 500-70 Arthur St.Winnipeg, MB, R3B 1G7

AND TO: Canadian Independent Film & Television Publishing Association283 Danforth Ave, Suite 482Toronto, ON M4K 1N2

AND TO: Canadian Art 215 Spadina Avenue, Suite 320Toronto, ON, M5T 2C7

AND TO: Canadian Association of Journalists Algonquin College1385 Woodroffe Avenue B224Ottawa, ON, K2G 1V8

AND TO: Canadian Review of Books Ltd. 6021 Yonge St., Suite 1014Toronto, ON, M2M 3W2

AND TO: CF Communications for Investors Association of Canada1 Dundas Street West, Suite 2500Box 84 Toronto, ON M5G 1Z3

AND TO: CHMM Inc HazMat Management Magazine12 Concorde Place, Suite 800Toronto, ON, M3C 4J2

AND TO: City Magazine 18-439 University Ave.Toronto, ON, M5G 1Y8

AND TO: CMD Group 100 Laurier StreetPO 3100, Station BHull, QC, J8X 4H2

AND TO: Community Action 41 Marbury Cres.Don Mills, ON, M3A 2G3

AND TO: Earthkeeper Inc.100 Crimea St.Suite B5,Guelph, ON N1H 2Y6

AND TO: Ecodecision 119 Saint-Joseph Blvd. W.Montreal, QC, H2P 2P7

AND TO: ECW Press 2120 Queen St East , Suite 200Toronto, ON M4E 1E2

AND TO: Government Information in Canada 10006-101 Street, PO Box 2421Edmonton, AB, T5J 2S6

AND TO: Hill Times Publishing Inc. 69 Sparks St.Ottawa, ON K1P 5A5

AND TO: In 2 Print P.O. Box 102Port Colbourne, ON, L3K 5V7

AND TO: Inuit Tapirisat 170 Laurier Street WestSuite 510, Ottawa, ON K1P 5V5

AND TO: Journal of Educational Administration and Foundation, University of VictoriaUniversity of Victoria Faculty of EducationVictoria, BC, V8W 3N4

AND TO: New Catholic Times 14 Little Forks SquareSt. Catherines, ON, L2N 5R8

AND TO: New Maritimes Editorial Council 6106 Lawrence Street,Halifax, NS B3L 1J6

AND TO: Ontario Film Association 3-1750 The QueenswaySuite 1341 Etobicoke, Ontario M9C 5H5

AND TO: Ontario Institute for Studies in Education252 Bloor Street, WestToronto, ON, M5S 1V6

AND TO: Our Times Publishing Inc. 15 Gervais Dr Suite 407Toronto, ON, M3C 1Y8

AND TO: Peace Research PO Box 1061Kingston, ON, K7L 3R1

AND TO: Pelican Island Information McGill Queen's University PressQueen's University Kingston, ON, K7L 3N6

AND TO: Quill and QuireSt. Joseph Corporation50 MacIntosh Blvd.Concord ON L4K 4P3

AND TO: Silvan Communications2355 Skymark Avenue Suite 300Mississauga, ON L4W 4Y6

AND TO: Studia Canonica St. Paul University223 Main, Ottawa, ON, K1S 1C4

AND TO: Sunrise Publishing Ltd. 2213 C Hanselman CourtSaskatoon, SK S7L 6A8

AND TO: This Magazine 401 Richmond Street W, #396Toronto, ON, M5V 3A8

AND TO: United Western Communications Ltd 10441 178 St NW Suite 203Edmonton, AB T5S 1R5

AND TO: University of Alberta Faculty of Education7-104 Education NorthEdmonton, AB T6G 2G5

AND TO: University of Guelph, Department of Family Relations and Applied Nutrition50 Stone Road EastGuelph, ON, N1G 2W1

AND TO: University of New Brunswick PO Box 4400 Stn AFredericton, NB, E3B 5A3

AND TO: University of WindsorLeddy Library401 Sunset Ave Suite G07Windsor, ON, N9B 3P4

INDEX TO MOTION RECORD (Returnable September 14-15, 2009)

Item Description1 Notice of Motion, Returnable September 14-15, 2009

Schedule ‘A’ – List of Third and Fourth PartiesSchedule ‘B’ – List of Parties Joining in Motion

2 Affidavit of Daniel Glover, dated August 13, 2009Schedule ‘A’ – List of Third and Fourth PartiesSchedule ‘B’ – List of Parties Joining in Motion

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Court File No. 03-CV-252945CPONTARIO


B E T W E E N :


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Third Parties

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Fourth Parties


NOTICE OF MOTION

CERTAIN THIRD AND FOURTH PARTIES as listed on SCHEDULE “B” will make a motion to Justice Cullity, the Case Management Judge, on September 14, 2009 at 10:00 a.m. or as soon after that time as the motion can be heard, at the Courthouse at 361 University Avenue, Toronto, or such other place as the Court may direct.

PROPOSED METHOD OF HEARING: The motion is to be in person.

THE MOTION IS FOR:

1. An Order:

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(a) Declaring that the class definition as originally certified for this action in the certification order of the Honourable Justice Cullity dated October 21, 2008 (the “Certification Order”) should be modified in accordance with the requirements of subsection 5(1) of the Class Proceedings Act, 1992, S.O. 1992, c. 6, as amended (the “CPA”) and must be amended;

(b) Amending the definition of the Plaintiff class set out in paragraph 2 of the Certification Order pursuant to subsection 10(1) of the CPA to add a new paragraph 2.A.(c) which would read as follows:

“persons who provided Works to a not for profit or non-commercial publisher of Print Media which was a licensor to a defendant, and where such persons either did not expect or request, or did not receive, a financial gain, other than a de minimis financial gain;"

(c) Amending the definition of the Plaintiff class set out in paragraph 2.A of the Certification Order to renumber paragraph 2.A.(c) as 2.A.(d);

(d) An Order decertifying and dismissing these proceedings in respect of the subclass of Plaintiffs excluded by paragraph 2.A.(c), as agreed by the parties or ordered by this Court.

2. In the alternative, an Order:

(a) Amending the definition of the Plaintiff class in the Certification Order to include as a subclass of the Plaintiff class, all persons who were authors or creators of original literary works as defined in the amended paragraph 2.A.(c) who were volunteer authors who provided Works to a not-for-profit or a non-commercial publisher of Print Media, where those authors either did not expect or request, or did not receive, financial gain for providing such Work, pursuant to subsection 10(1) of the CPA;

(b) To implement the amendment referred to in paragraph 2(a) herein, amending the definition of the Plaintiff class in paragraph 2 of the Certification Order by adding paragraph 2.A.(c) as defined in paragraph 1(b) of this Notice of Motion and adding the following paragraph to the class definition as follows:

“2.D. A subclass comprising all persons who provided Works to a not for profit or non-commercial publisher of Print Media which was a licensor to a defendant, and where such persons either did not expect or request, or did not receive, a financial gain, other than a de minimis financial gain;"

(c) Requiring the appointment of a different representative plaintiff for the subclass of Plaintiff members defined in the proposed amended paragraph 2.D. to the Certification Order as a condition of the continued certification of this class action in respect to that Plaintiff class; and

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(d) Continuing this class proceeding subject to the revised class definition and the appointment of a satisfactory class representative for the subclass defined in paragraph 2.D. of the amended Certification Order.

3. Such further and other Order as counsel may advise and this Honourable Court order as may be required as a consequence of the Orders sought.

THE GROUNDS FOR THE MOTION ARE:

The Nature and Purpose of the Class Proceeding

4. This action was commenced in July 2003 as a proposed class proceeding by Heather Robertson to seek financial compensation from a group of seven commercial publishers of works in electronic media. The Statement of Claim in this proceeding alleged inter alia that the Defendant Class Members knowingly violated the rights of the plaintiff class for reasons of monetary gain, for their own profit, and for the purpose of completely excluding the Plaintiff Class Members from any financial benefit from exploitation of the works in electronic media.

5. The Statement of Claim also alleged that the Defendant Class Members have received substantial amounts of money as a result of their misconduct, that they are wealthy and powerful, and that the Plaintiff Class Members are highly vulnerable to their misconduct.

6. The Plaintiff’s personal claims involved allegations of infringement in her rights in articles published in Canadian Business Magazine, the Ottawa Citizen, and the Toronto Star. The Statement of Claim alleges that these magazines and newspapers were owned by Rogers Media Inc., Canwest Publications Inc., and Torstar Corporation respectively.

7. This class proceeding was certified on consent of counsel for the commercial publishers and the Plaintiff by Certification Order dated October 21, 2008. There was no representation at that time on behalf of any counsel for any print media publishers other than those directly named in the Statement of Claim.

8. The Plaintiff Class, as certified in the consent Certification Order, is overly broad. By defining the term “Print Media” to encompass not only newspapers and magazinespublished in the manner of Canadian Business Magazine, the Ottawa Citizen, and the Toronto Star, but broadly to include “any newspaper, magazine, periodical, newsletter, or journal”, the Plaintiff Class thus includes not only professional freelance authors who wrote for the Defendants’ commercial publications but also includes by its terms a class of authors who wrote for other publications without motive of pecuniary gain, including academics, legislators, and accredited professionals writing in support of academic, public policy or other institutional purposes. These other publications are run on a myriad of different publishing models that are distant in nature from the publications named in the Statement of Claim.

9. As a result of Third Party claims commenced by the Defendant ProQuest Information and Learning Company, more than 200 Third and Fourth Party publishers, many of whom are

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non-commercial publishers of academic, public policy and other institutional publications, were named as Defendants in this action. Almost all of their authors wrote and submitted their articles without expectation of financial gain, apart from certain cases in which these publishers paid authors small honoraria that did not suffice to cover costs or time associated with the creation of the works. In these circumstances, this class of authors impliedly licensed these publishers to further disseminate their copyrighted works in furtherance of the academic, public policy or other institutional purposes of those organizations.

10. As such, this class of unpaid authors does not fall within the rationale of this litigation or the purposes for which the Certification Order was granted and should not be included in the Plaintiff class.

11. The criteria for certification of an action as a class proceeding set out in paragraph 5(1) of the CPA are not met with respect to the those authors who wrote for non-commercial publications without expectation of financial gain in the circumstances of this case, and specifically:

(a) Section 5(1)(d) is not met, as a class proceeding is not a preferable procedure in that the three principal advantages of class actions, judicial economy, access to justice, and behaviour modification, are of no application and would not result in a fair, efficient and manageable method of advancing the claim of professional freelance authors like Heather Robertson:

(i) Judicial economy is not met in that the implied license which assuredly arises in the context of the described volunteer authors is a threshold individual issue which would have to be considered in the case of each author and each publication, particularly since non-commercial or not-for-profit publishers have a variety of publishing models that vary considerably from those named in the original Statement of Claim;

(ii) Access to justice is not satisfied as:

A. it is unlikely that any volunteer authors as described would seek to bring claims against non-commercial or not-for-profit publishers with whom they share public interest purposes where such persons did not expect or request, or did not receive, financial gain from the writing of their articles;

B. the non-commercial or not-for-profit publishers are required to remain in the action at considerable expense and risk to them when the core of the action appears to be directed at conventional commercial publishing enterprises;

(iii) Behaviour modification is not met, as the non-profit publishers should not be deterred, and the actions of the volunteer authors render it unlikely that they would want the non-profit publishers to be deterred from furthering their academic, public policy or other institutional mandates;

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(b) Section 5(1)(e) is not met, as:

(i) there is no appropriate representative plaintiff proposed for those authors who provide content for, and in support of, the academic, public policy or other institutional goals of non-commercial or not-for-profit publishers;

(ii) the interests of the volunteer authors are in direct conflict to freelance commercial authors like Heather Robertson, who would not fairly or adequately represent the interests of the volunteer authors who wrote for non-profit publishers, particularly in those circumstances where the volunteer authors are dues-paying members of the organization added as Third or Fourth Parties to this action;

(iii) there is no litigation plan that proposes a workable method in light of the over 200 third and forth parties, many of whom are not-for-profit or non-commercial publishers;

(c) Section 5(1)(a) is not met, as the requirement of a prima facie cause of action plainly does not arise in the case of implied licenses, which overwhelmingly exist in the context of the described volunteer authors;

(d) Section 5(1)(c) is not met, as the common issues proposed do not advance litigation against the non-commercial or not-for-profit publishers by the volunteer authors as described. There is no rational connection between the claim being sought and the volunteer authors. The threshold issue of whether there are actually any statutory damages to be claimed at all by these volunteer authors is not addressed by the common issues;

12. In the alternative, the Court should establish a separate subclass of volunteer authors as defined in the proposed paragraph 2.A.(c), and require a different representative plaintiff to instruct counsel with respect to that subclass, as a condition of the continued certification of the class proceeding with respect members of that subclass. Given the very distinct differences between that subclass and the class of professional freelance authors who write, for income, for commercial publications, the criteria of s. 5(2)(a) to (c) require that an alternative representative plaintiff be found;

13. Such further and other grounds as counsel may advise and this Honourable Court permit.

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THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of the motion:

14. The Affidavit of Daniel Glover, dated August 13, 2009;

15. The pleadings herein;

16. Sections 5, 8 and 10 of the Class Proceedings Act, 1992 S.O. 1992, c. 6, as amended;

17. Sections s. 3, 5, 6, 13, 27, and 34 of the Copyright Act Chapter C-42, as amended;

18. Rule 21 of the Rules of Civil Procedure; and

19. Such further and other material as counsel may advise and this Honourable Court may permit.



Lawyers for the Third and Fourth Parties inSchedule “B” attached

SCHEDULE "A"

ONTARIOSUPERIOR COURT OF JUSTICE

Parties Added in Third Party Claim 03-CV-252945CPA2

NORTHERN NEWS SERVICES LTD. (THE YELLOWKNIFER) HALIFAX HERALD LTD. BLACK PRESS LTD. (RED DEER ADVOCATE) THOMSON CANADA LIMITED

(WINNIPEG FREE PRESS) LES ÉDITIONS DE L'ACADIE NOUVELLE (1984) LTÉE BRUNSWICK NEWS INC.

Party Added in Third Party Claim 03-CV-252945CPOB

PROQUEST INFORMATION ACCESS LLC

Parties Added in Third Party Claim 03-CV-252945CPOC

ABORIGINAL MULTI-MEDIA SOCIETY, ABORIGINAL NURSES ASSOCIATION OF CANADA, ACTA PRESS, ADMINISTRATIVE SCIENCES ASSOCIATION OF

CANADA, AFRICA LAW INSTITUTE, ALBERTA ASSOCIATION OF REGISTERED NURSES, ALTERNATIVES JOURNAL (UNIVERSITY OF WATERLOO), ANGLICAN CHURCH OF CANADA, APPRAISAL INSTITUTE OF CANADA, ASSOCIATION FOR THE STUDY OF HUMOR, ASSOCIATION OF UNIVERSITIES AND COLLEGES OF

CANADA, BANK OF CANADA, BAXTER PUBLISHING CO., BECKER ASSOCIATES, BELL-NORTHERN RESEARCH LTD., BRANDON UNIVERSITY, CANADA AND THE

WORLD, CANADA WIDE MAGAZINE, CANADIAN ASSOCIATION OF OCCUPATIONAL THERAPISTS, CANADIAN ASSOCIATION FOR BUSINESS

ECONOMICS, CANADIAN ASSOCIATION FOR DISTANCE EDUCATION, CANADIAN ASSOCIATION FOR LATIN AMERICAN AND CARIBBEAN STUDIES,

CANADIAN ASSOCIATION OF AFRICAN STUDIES, CANADIAN ASSOCIATION OF NEPHROLOGY NURSES AND TECHNOLOGISTS, CANADIAN ASSOCIATION OF RADIOLOGISTS, CANADIAN ASSOCIATION OF SCHOOLS OF SOCIAL WORK,

CANADIAN ASSOCIATION OF SLAVISTS, CANADIAN BANKERS' ASSOCIATION, CANADIAN BIOTECH NEWS, CANADIAN BROADCASTING CORPORATION,

CANADIAN CENTRE FOR POLICY ALTERNATIVES, CANADIAN CHIROPRACTIC ASSOCIATION, CANADIAN CONSUMER INC., CANADIAN DISARMAMENT

INFORMATION SERVICE, CANADIAN ETHNIC STUDIES ASSOCIATION, CANADIAN FOREIGN POLICY, CANADIAN GEOGRAPHIC ENTERPRISES, CANADIAN IMPERIAL BANK OF COMMERCE, CANADIAN INSTITUTE OF

CHARTERED ACCOUNTANTS, CANADIAN INSTITUTE OF INTERNATIONAL AFFAIRS, CANADIAN INSTITUTE OF MANAGEMENT, CANADIAN INSTITUTE OF

MINING, METALLURGY AND PETROLEUM, CANADIAN INSTITUTE OF UKRAINIAN STUDIES, CANADIAN JOURNAL OF COMMUNICATIONS

CORPORATION, CANADIAN JOURNAL OF FAMILY LAW, CANADIAN JOURNAL OF HISTORY, CANADIAN JOURNAL OF PHILOSOPHY, CANADIAN LIBRARY

ASSOCIATION, CANADIAN MEDICAL ASSOCIATION, CANADIAN MUSIC EDUCATORS ASSOCIATION, CANADIAN NURSES ASSOCIATION, CANADIAN

- -8

PSYCHOANALYTIC SOCIETY, CANADIAN PSYCHOLOGICAL ASSOCIATION, CANADIAN PUBLIC HEALTH ASSOCIATION, CANADIAN REVIEW OF SOCIAL POLICY (YORK UNIVERSITY), CANADIAN SHAREOWNER MAGAZINE INC.,

CANADIAN SOCIETY FOR CLINICAL INVESTIGATION, CANADIAN SOCIETY FOR THE STUDY OF EDUCATION, CANADIAN SOCIETY FOR TRADITIONAL MUSIC,

CANADIAN SOCIOLOGY AND ANTHROPOLOGY ASSOCIATION, CANADIAN SPEECHES, CANADIAN TAX FOUNDATION, CANADIAN TREASURY

MANAGEMENT REVIEW, CANADIAN WOMEN'S HEALTH NETWORK, CARSWELL PUBLISHING, CENTER FOR BIOETHICS, CENTRE FOR COMMUNITY ENTERPRISE,

CENTRES OF EXCELLENCE FOR WOMEN'S HEALTH, CINEACTION!, CITIZENS FOR PUBLIC JUSTICE, CLASSICAL ASSOCIATION OF CANADA,

COMMUNICATION ENG, CONFERENCE BOARD OF CANADA, CRAILER COMMUNICATIONS, DECKER PERIODICALS, INC., DIMENSION PUBLISHING INC.,

ECW PRESS, ENTOMOLOGICAL SOCIETY OF BRITISH COLUMBIA, ENTOMOLOGICAL SOCIETY OF CANADA, EQUALITY ENTERPRISES, ESTEY CENTRE FOR LAW AND ECONOMICS IN INTERNATIONAL TRADE, EVERT

COMMUNICATIONS LTD., FILM STUDIES ASSOCIATION OF CANADA, FIREWEED INC., FRASER INSTITUTE, GRADUATE CENTRE FOR STUDY OF DRAMA, GREEN

TEACHER, GROUPE CTT GROUP, HEALTH LAW INSTITUTE (UNIVERSITY OF ALBERTA), HERIZONS MAGAZINE, INC., HUMAN RIGHTS INTERNET, INANNA

PUBLICATIONS & EDUCATION INC., INDUSTRY CANADA, INFORMATION TECHNOLOGY RESEARCH GROUP, INC., INITIATIVES FOR WOMEN'S HEALTH,

INC., INROADS, INC., INSTITUTE FOR URBAN STUDIES, INSTITUTE OF CHARTERED ACCOUNTANTS OF BRITISH COLUMBIA, INTERNATIONAL COUNCIL FOR ADULT EDUCATION, IR RESEARCH SERVICES, JANGAR

PUBLICATIONS INC., JCFT FOREST COMMUNICATIONS, KEN HAYCOCK AND ASSOCIATES, LAURENTIAN TECHNOMEDIA INC., LAVAL UNIVERSITY,

LITERARY REVIEW OF CANADA, MACLEAN-HUNTER BUSINESS PRODUCTIONS, MANITOBA BUSINESS MAGAZINE (1966) LTD., MANITOBA HISTORICAL

SOCIETY, MCGILL UNIVERSITY FACULTY OF EDUCATION, MOSAIC (UNIVERSITY OF MANITOBA), MUNICIPAL WORLD INC., NEW

INTERNATIONALIST CO-OPERATIVE, NORTHERN ONTARIO BUSINESS, NORTHERN STAR COMMUNICATIONS LIMITED, ONTARIO HISTORICAL SOCIETY, OPERA CANADA PUBLICATIONS, OPERATING ROOM NURSES

ASSOCIATION OF CANADA, OPTIMST, OUR TIMES PUBLISHING INC., PEARSON PEACEKEEPING CENTRE, PEGASUS PUBLISHING INC., PEREGRINA PUBLISHING

COL., PERFORMING ARTS & ENTERTAINMENT IN CANADA, PULSUS GROUP INC., QUADRANT EDUCATIONAL ENTERPRISES INC., QUARRY PRESS, QUEEN'S

UNIVERSITY, REGISTERED NURSES ASSOCIATION OF BRITISH COLUMBIA, RESOURCES FOR FEMINIST RESEARCH (UNIVERSITY OF TORONTO),

SCANDINAVIAN PRESS, SEGUE ESPRIT, INC., ST FRANCIS XAVIER UNIVERSITY, STANVERSAL PUBLISHING, STATISTICS CANADA, STONE AND COX, LTD.,

STYLE COMMUNICATIONS INC., SUNRISE PUBLISHING LTD., THE CANADIANSOCIETY OF RESPIRATORY THERAPISTS, THE SEX INFORMATION AND

EDUCATION COUNCIL OF CANADA, TORONTO LIFE PUBLISHING COMPANY, TOURISM BRITISH COLUMBIA, TRENT UNIVERSITY, UNITED WESTERN

COMMUNICATIONS LTD., UNIVERSITY OF ALBERTA, UNIVERSITY OF BRITISH COLUMBIA, UNIVERSITY OF CALGARY, UNIVERSITY OF SASKATCHEWAN

DEPARTMENT OF RELIGION, UNIVERSITY OF TORONTO FACULTY OF

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MEDICINE, UNIVERSITY OF TORONTO PRESS, UNIVERSITY OF WESTERN ONTARIO SCHOOL OF BUSINESS, WYNDHAM WISE, YOUNGBLOOD PUBLISHING

LTD.

Parties Added in Fourth Party Claim 03-CV-252945CPOD

ACTION COMMUNICATIONS INC., ALBERTA TEACHERS' ASSOCIATION, ARTS MANITOBA PUBLICATIONS INC., ASSOCIATION OF CANADIAN STUDIES, ATLANTIC PROVINCES COMMUNICATIONS COUNCIL, AVID MEDIA INC.,

BISHOP'S UNIVERSITY, BRIARPATCH INC., BRITISH COLUMBIA HISTORICAL NEWS (BRITISH COLUMBIA HISTORICAL FEDERATION), BRITISH COLUMBIA REPORT MAGAZINE INC., C.D. HOWE INSTITUTE, CANADIAN INDEPENDENT

FILM & TELEVISION PUBLISHING ASSOCIATION, CANADA'S NATIONAL HISTORY SOCIETY, CANADIAN ART, CANADIAN ASSOCIATION FOR HEALTH, PHYSICAL EDUCATION, RECREATION AND DANCE, CANADIAN ASSOCIATION OF JOURNALISTS, CANADIAN ASSOCIATION OF UNIVERSITY OF TEACHERS,

CANADIAN COMMITTEE ON LABOUR HISTORY, CANADIAN COUNCIL OF TEACHERS OF ENGLISH LANGUAGE ARTS, CANADIAN EDUCATION

ASSOCIATION, CANADIAN INDUSTRIAL INNOVATION CENTRE, CANADIAN JEWISH NEWS, CANADIAN NATURE FEDERATION, THE CANADIAN PRESS,

CANADIAN REGIONAL COMMONWEALTH PARLIAMENTARY ASSOCIATION, CANADIAN REVIEW OF BOOKS LTD., CANADIAN SOCIETY FOR THE STUDY OF HIGHER EDUCATION, CCH CANADIAN, CENTRE FOR ADDICTION AND MENTAL HEALTH, CF COMMUNICATIONS FOR INVESTORS ASSOCIATION OF CANADA, CHMM INC., CITY MAGAZINE, CLIFFORD ELLIOTT AND ASSOCIATES LIMITED, CM BOARD (MANITOBA LIBRARY ASSOCIATION), CMD GROUP, COMMUNITY

ACTION, EARTHKEEPER INC., ECODECISION, EDMONTON JOURNAL, FIRST REFERENCE INC., GOVERNMENT INFORMATION IN CANADA, HILL TIMES

PUBLISHING INC., IN 2 PRINT, INUIT TAPIRISAT, JESUITS OF UPPER CANADA PROVINCE, JOURNAL OF EDUCATIONAL ADMINISTRATION AND FOUNDATION(UNIVERSITY OF VICTORIA), KEITH HEALTH CARE COMMUNICATIONS, LEGAL

RESOURCE CENTRE OF CANADA, MENNONITE PUBLISHING SERVICE, NEW CATHOLIC TIMES, NEW MARITIMES EDITORIAL COUNCIL, ONTARIO FILE

ASSOCIATION, ONTARIO INSTITUTE FOR STUDIES IN EDUCATION, ONTARIO PUBLIC SCHOOL BOARD'S ASSOCIATION, OUR TIMES PUBLISHING INC., PEACE

RESEARCH, PELICAN ISLAND INFORMATION, PRESBYTERIAN CHURCH IN CANADA, QUILL AND QUIRE, SILVAN COMMUNICATIONS, SIMON FRASER

UNIVERSITY DEPARTMENT OF ENGLISH, SOCAN, STUDIA CANONICA, SYSNOVATORS LIMITED, THIS MAGAZINE, UNIVERSITY OF GUELPH

DEPARTMENT OF FAMILY RELATIONS AND APPLIED NUTRITION, UNIVERSITY OF NEW BRUNSWICK, UNIVERSITY OF WATERLOO, UNIVERSITY OF WINDSOR,

WILFRID LAURIER UNIVERSITY OF DEPARTMENT OF SOCIOLOGY AND ANTHROPOLOGY

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SCHEDULE "B"


Canadian Association of Occupational TherapistsCanadian Music Educators AssociationCanadian Psychoanalytic SocietyCanadian Society for the Study of EducationFraser InstituteUniversity of British Columbia


Canadian Anthropology Society (successor to the named party Wilfrid Laurier University Department of Sociology and Anthropology)CCH Canadian Ltd.CLB Media Inc. (successor to the named parties Action Communications Inc. and Clifford Elliott and Associates Limited)Canadian Region of the Commonwealth Parliamentary AssociationPhysical and Health Education Canada (successor to the named party Canadian Association for Health, Physical Education, Recreation and Dance)Simon Fraser University Department of EnglishWilfrid Laurier University Department of Sociology and Anthropology

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Court File No. 03-CV-252945CPOCONTARIO


B E T W E E N :


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Third Parties

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Fourth Parties


AFFIDAVIT OF DANIEL GLOVER(Affirmed August 13, 2009)

I, DANIEL GLOVER, of the City of Toronto, in the Province of Ontario, AFFIRM:

20. I am a lawyer with McCarthy Tétrault LLP, counsel for the following defendants herein:


Canadian Association of Occupational TherapistsCanadian Music Educators Association

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Canadian Psychoanalytic SocietyCanadian Society for the Study of EducationFraser InstituteUniversity of British Columbia



For sake of ease, I will refer to these third- and fourth-party defendants collectively as the “Group of Defendants” or “Group” henceforth.

21. As counsel for the Group, I have personal knowledge of the matters deposed to below. Where I make statements in this affidavit that are not within my personal and direct knowledge, I have been informed of such matters by my instructing clients. All of the information deposed to below I verily believe to be true.

22. This action was commenced as a proposed class proceeding in 2003, and was certified on consent of the plaintiffs and second-party defendants on October 21, 2008.

23. In March and April of 2009, a number of members of the Group received notices from counsel for the second-party defendant ProQuest Information and Learning Company (“ProQuest”). These notices described this action and stated that ProQuest intended to rely on indemnification agreements between these clients and ProQuest or one of its related or predecessor companies. They enclosed a Publisher’s Representation for those print media publishers who were able to determine that their content was not atissue in the case.

24. In April 2009, ProQuest and Cedrom-SNI Inc. issued third- and fourth-party claims, joining approximately 142 third parties and 99 fourth parties to this action.

25. On June 15, 2009, Davis LLP, counsel for a number of third- and fourth-party defendants herein, indicated in a letter to the Court their intention to bring a motion seeking a redefinition and narrowing of the plaintiff class to exclude those authors who contributed works on a volunteer unpaid basis to ‘not for profit’ academic, public policy or other professional institutional journals.

26. The Group of Defendants includes numerous parties whose authors contribute works on a volunteer unpaid basis. A number of these parties are described below.

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Canadian Psychoanalytic Society

27. The Canadian Psychoanalytic Society (1967) Inc. / Société Canadienne de Psychanalyse (1967) Inc. (“CPS”) is a not-for-profit, academic and professional association whose bylaws require it to “advance the study and science of psychoanalysis”. All officers of the National Society, the National Institute and the 7 Branch Societies and the 5 Branch Institutes are volunteers. The 2008 CPS roster listed 61 officers of the various component executives, none of whom are paid.

28. The CPS’s Canadian Journal of Psychoanalysis (in this section, the “Journal”) was established in 1993 as a bilingual journal. In its initial issue, the founding editor, Eva P. Lester MD, stated:

“We see the CJP/RCP not only as a forum for our members, but also as a medium for diverse psychoanalytic voices not often found in one publication.”

29. The Journal currently has 43 volunteers, including the Editor, Assistant Editor, Board members, Director of Finances, Book reviewers and Editorial readers. These volunteers solicit all articles for the Journal. Paid staff on the Journal is limited to a part-time executive assistant and a part-time managing editor.

30. The authors who contribute to the Journal, generally numbering 25 to 30 per year, are all unpaid. Approximately three-quarters of those authors are dues-paying members of the CPS, with the remaining quarter composed of psychoanalysts from other national societies. All authors are volunteers in the CPS or their own society. None are employed by their Society – in fact all CPS members must pay dues which include a subscription to the Journal.

31. The public has free access to the Journal via the online databases PubMed and Google Scholar.

32. Ideas for the Journal are generated mostly externally however the Journal sometimes has a special issue devoted to a topic or author chosen by the editorial staff. The Journal encourages unsolicited submissions which are peer reviewed by three reviewers and then by the Chief Editor. Usually some revisions of the manuscript are requested and then the Journal’s authors choose to abide by editorial suggestions or not (in which case the author generally does not resubmit the article). Book reviews are both internally and externally generated and usually focus on current texts of widespread interest within the field of psychoanalysis.

Canadian Association of Occupational Therapists

33. Established in 1926, the Canadian Association of Occupational Therapists (“CAOT”) is a non-for-profit association whose bylaws require it to “represent the benefits and value of occupational therapy to other health disciplines, consumer groups and the Canadian public and to promote the further development of occupational therapy”.

34. The dues-paying membership of the CAOT is drawn from a pool of full-time practicing occupational therapists, but CAOT preserves several other categories of

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membership for occupational therapists or anyone with an interest in occupational therapy.

35. The CAOT is volunteer-driven, with more than 250 volunteers working as members of the board, committees and task forces; serving as representatives on behalf of the Association; and assisting with Association events and activities. Their work is supplemented by a paid staff of 20.

36. The Canadian Journal of Occupational Therapy (in this section, the “Journal”) is published five times yearly, with articles in both official languages. Its current editor-in-chief is Dr. Marcia Finlayson, an associate professor at the Department of Occupational Therapy at the University of Illinois at Chicago.

37. The Journal draws from the services of two associate editors, 20 review board members, 30 ad hoc reviewers, and seven editorial board members, all in a volunteer capacity. The review board members and ad hoc reviewers provide peer reviews of manuscripts that are under consideration for publication and make recommendations to the editor about the suitability of the manuscript for the journal. Editorial board provides advice and guidance on policy and procedural issues.

38. Manuscripts are submitted by authors to the editorial staff for consideration. Manuscripts are screened for their correspondence with the journal mission and their scientific rigor. Manuscripts that do not match the mission statement of the CAOT or are of inadequate quality are rejected without review. Manuscripts that pass the screening process are sent for double-blind peer review to individuals who have expertise in the content or methodology of the paper. All such reviewers are volunteers.

39. Authors submitting manuscripts to the Canadian Journal of Occupational Therapy have the right to appeal a manuscript disposition decision. The appeal must be made in writing to the Chair of the Editorial Board and submitted within 30 days after the decision. The decision of the Appeal Board is final.

40. The Journal publishes the works of approximately 30 authors per year. None of these authors are paid in any manner for their articles.

Canadian Music Educators Association

41. The Canadian Music Educators’ Association/L’Association canadienne des musiciens éducateurs (“CMEA”) is a professional, registered not-for-profit organization under the Canada Corporations Act. Its mission statement requires it to serve and connect those interested in music education including current and future educators, students, parents, and members of the community, and to foster the advancement of teaching and the lifelong learning of music. The CMEA recently celebrated its 50th year of existence.

42. Under the CMEA’s bylaws, its dues-paying membership shall be limited to persons interested in furthering the objects of the corporation and shall consist of anyone whose application for admission as a member has received the approval of the board

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of directors of the corporation. Membership is organized into six classes: full, associate, student, retired, honorary life, and corporate.

43. The CMEA is volunteer-run, with all 18 board members serving as volunteers, along with five other key administrative volunteers. All elected board members take on various portfolios for the CMEA, including Partnerships, Publications Advisory, Student Chapters, Student Essay Competition, Awards, website, secretary, and treasurer of the Association.

44. The Canadian Music Educator Journal (in this section, the “Journal”) dates from the establishment of the CMEA and is published quarterly. Its current editor is Dr. Benjamin Bolden, an Assistant Professor of the Department of Curriculum and Instruction at the University of Victoria.

45. The Journal is run by volunteers, primarily composed of the editor and a three-member Publications Advisory Committee.

46. The guide for contributors published with every edition of the Journal indicates that its priority is to publish a broad spectrum of articles, research reports, successful teaching strategies, and general practices directed towards one or more of the following: the Canadian music classroom teacher, general elementary classroom teacher, secondary music teachers, college and university instructors, or parents of music students.

47. Ideas are generally externally generated, though sometimes prompted by requests or suggestions from the editor. Unsolicited submissions are accepted. Articles are emailed to the editor by the contributors. The editor reviews each article and decides if it will be accepted for publication (95% of submissions are accepted). The editor edits the article. Writers do not have final say on edits.

48. No contributors to the Journal are paid. All content is provided by volunteer contributors.

Physical Health and Education Canada

49. Physical and Health Education Canada (“PHE Canada”) is a not for profit, charitable, professional membership organization formerly known as the Canadian Association for Health, Physical Education, Recreation and Dance. Its mission statement requires it to advocate and educate for quality physical and health education programs within supportive school and community environments, and its belief statements state that physical and health education, intramurals and dance education are core to promoting positive attitudes to lifelong, healthy living, that school communities have more influence on the lives of children and youth than any other social institution, and that Canadians need to understand the link between physical activity, nutrition and healthy living.

50. PHE Canada currently has an estimated 2,500 dues-paying members drawn from fields that include elementary and secondary school educators, pre-service educators, university professors and researchers, school administrators, government representatives, school coaches, recreation leaders, parents, and also partner

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organizations including provincial Health and Physical Education Associations, Physical Activity associations, and Health Associations.

51. PHE Canada requires the considerable energies of volunteers to carry on its activities. In ordinary circumstances, the number of persons volunteering for PHE Canada ranges from 75 to 100, a number that occasionally swells. PHE Canada is governed by an elected Board of Directors comprised of one member from each Canadian province and territory. Each Board member is a volunteer.

52. PHE Canada has four Program Advisory Committees (PACs) comprised of experts from various relevant education sectors, and two advisory councils. Each PAC and council member is a volunteer.

53. These activities are supplemented by a paid staff encompassing nine full-time employees, one part-time employee, and two contract workers.

54. The Physical and Health Education Journal (in this section, the “Journal”) was established in September 1952 and is published on a quarterly basis. PHE Canada publicly defines the role of the Journal on its website to serve as a forum to highlight, analyze, discuss and share many of the leading-edge teaching techniques, hot issues, and school successes in the fields of school health and physical education.

55. Its current editor is John Maker, a contract employee of PHE Canada. Supporting the work of the Journal are a number of support staff, a Volunteer Editorial Board, and a series of volunteer reviewers. These volunteers provide peer review support for all articles submitted to the Journal from authors. There are currently 29 members of the volunteer editorial board and reviewers.

56. The Editor reviews submissions to the Journal for appropriateness and topic and then sends the article through a blind, peer-review process. The articles are returned with the recommendation of the review, along with comments and recommendations. The article is returned to the author with the appropriate recommendation. The author may choose to revise as recommended and resubmit. The article may go through another review process depending on the degree of changes required.

57. No articles are ever commissioned but the Journal’s volunteer committee members are requested to solicit or submit articles to cover each of the Journal’s four program areas: Quality Daily Physical Education, Quality School Health, Dance Education, and Quality School Intramural Recreation.

58. The Journal has never paid any of its contributors.

Canadian Region of the Commonwealth Parliamentary Association

59. The Canadian Region of the Commonwealth Parliamentary Association (the “Region”) was established in 1958 in order to bring together some of Canada’s federal, provincial and territorial legislators (who also belong to the Commonwealth Parliamentary Association) for the discussion of matters of particular interest to legislators.

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60. The Region is a parliamentary, not for profit association governed by the Speakers of each House of Parliament and of the assemblies of each of the provinces and territories, as well as the Chair of the Federal Branch and the Federal Region Representative. Activities of the Region are financed in accordance with a formula that provides for approximately half of the money to come from the federal branch with the other half to come from the provincial and territorial branches in proportion to the number of members they have in their respective legislatures.

61. The Region’s stated aims and objectives are to promote knowledge of the constitutional, legislative, economic, social and cultural aspects of parliamentary democracy, to provide professional development opportunities for parliamentarians and to foster close relationships between all Branches of the Region as well as other countries having close parliamentary ties with the Region.

62. Membership in the Region is open all federal, provincial and territorial parliamentarians upon payment of a nominal membership fee. Each federal, provincial and territorial branch sets its own membership fee.

63. The Region is staffed entirely by volunteers in the sense that every person working for the Region does so in addition to their primary activities within the federal, provincial or territorial legislatures. The Region is governed by an eight-member Executive composed entirely of legislators and a 32-member Regional Council composed of 16 legislators and 16 staffers.

64. Since 1978, the Region has published the Canadian Parliamentary Review (in this section, the “Review”) as a quarterly publication. At first, the Review was published in the form of a newsletter called the Canadian Regional Review, but in 1980 the Editorial Board decided to change the name to Canadian Parliamentary Review and to seek to attract more contributors and to make the publication more widely available.

65. The Review’s mission statement, which is published on the contents page of each issue, is “to promote the study of and interest in Canadian parliamentary institutions”. Its editor since 1980 has been Gary Levy, a full time employee of the Parliament of Canada who worked in the Library of Parliament. Levy was given responsibility for the day to day production and management of the Review. In 1986, Levy left the Library of Parliament but continued as Editor of the Review under a contract with the Region.

66. Beyond Levy, paid staff at the Review consists of one Assistant Editor who is a full-time member of the House of Commons staff, and one French revisor who works on contract. The work of the staff is supplemented by an all-volunteer Editorial Board of 12. Each board member is employed by various federal, provincial or territorial legislatures and any work for the Review is in addition to their duties. Editorial Board members participate in four conference calls per year with the Editor and attend face to face meetings approximately every two years.

67. The Editor solicits articles for publication or revises speeches or presentations to committees for publication in the Review. While there is no formal peer-review

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process for the Review, the Editor may exercise his discretion to forward certain articles to other persons for a second opinion.

68. Authors of articles in the Review are mainly legislators, legislative staff, government officials, professors, students, lawyers, members of not for profit groups, and parties otherwise connected to the parliamentary system in Canada.

69. The Review does not normally engage freelance writers nor does it pay for contributions except in the rare case, approximately four or five times in 30 years, where it has covered expenses involved with the preparation of an article. These payments occurred in connection with less than 1% of contributors, and the largest fee for expenses the Review has ever paid was $300.

70. The Review publishes about 2000 copies. Of these, about 1100 copies are distributed to all federal, provincial and territorial parliamentarians. There is no cost for these other than the annual membership that each branch pays to the Region. About 600 copies are provided at a reduced Group rate to members of the Canadian Study of Parliament Group. The remainder are distributed to subscribers or given away at conferences and seminars organized by groups such as the Teachers Institute or the parliamentary officers conference.

71. All issues of the Review are available online at no cost at the Parliament of Canada website, currently at <www2.parl.gc.ca/Sites/LOP/Infoparl/Default.asp>.

Wilfred Laurier University and the Canadian Anthropology Society

72. Wilfred Laurier University via its academic sub-unit Department of Anthropology and Sociology first took a role in publishing the bilingual journal Anthropologica (in this section, the “Journal”) beginning in 1988, when Wilfrid Laurier University purchased the Journal for $0 from Laurentian University.

73. In 1997 the Journal merged with another journal, Culture. The successor journal is titled Anthropologica, Journal of the Canadian Anthropology Society (in this section, the “Successor Journal”), and has been published since 1998 through the Canadian Anthropology Society (“CASCA”).

74. If the history of the Journal and the Successor Journal were to be counted together, they would combine to form Canada’s oldest journal of anthropology, with 50 years of history between them. The Successor Journal is currently published on a semi-annual basis.

75. While editors and contributors to the Successor Journal may be faculty members at Wilfrid Laurier University, it is not published through the University but through CASCA.

76. Wilfrid Laurier University is located in Waterloo, Ontario, and was established by an Act of the Ontario Legislature entitled the Wilfrid Laurier University Act, 1973, Bill 178, which was subsequently amended by the Wilfrid Laurier University Amendment Act, 2001, S.O. 2001, c. 12.

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77. The Objects of the University are as set out in section 4 of the Wilfrid Laurier University Act, 1973, as amended, which is set out below:

The objects of the University are the pursuit of learning through scholarship, teaching and research within a spirit of free enquiry and expression.

78. As a reflection of these objects, the University has many volunteers working in a wide range of areas and departments, including staff, faculty, and students who may volunteer at different times. Students may engage in community service, including volunteer work for the University or community organizations, as part of their academic credit. University events, such as convocation and alumni activities, have a number of staff and faculty participating as volunteers. Various student and athletic associations and clubs on campus use volunteers.

79. CASCA is a bilingual organization operating at a national level. Its public mandate is to promote anthropology in Canada, support anthropological research, and to disseminate anthropological knowledge in the academic milieu and to the wider public. It is a founding member of the World Council of Anthropological Associations.

80. CASCA’s membership is comprised of those individuals who are interested in the objectives of CASCA and who make application for membership and pay the requisite members fees.

81. Following the merger with Culture, Dr. Andrew Lyons, a professor in the Department of Anthropology at Wilfred Laurier University, became the Editor-in-Chief of the Successor Journal. The Co-Editor (Francophone) of the Successor Journal is Marie France Labrecque, a professor in the Department of Anthropology at the University of Laval.

82. The current mission statement of the Successor Journal is set out on its website, and reads:

Anthropologica is the official publication of the Canadian Anthropology Society (CASCA). It publishes articles, reviews and commentaries in both French and English. Articles that appear in Anthropologica are peer reviewed and cover all topics of interest to anthropologists. Anthropologica appears biannually and is a benefit of membership in CASCA. It is published by Wilfrid Laurier University Press. Back issues are available electronically through university libraries with access to Proquest.

83. The posted editorial policy of the Successor Journal states:

Anthropologica publishes articles and reviews, in English and French produced by Canadian and international scholars. The journal welcomes submissions in all areas of research in the field of cultural and social anthropology. Manuscripts are refereed anonymously by two reviewers.

84. Those writers who have published in the Journal and the Successor Journal are academics who will generally have paid faculty positions at an academic institution. The primary mission of the Journal and the Successor Journal has been to publish

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work firstly by Canadian academics (approximately 75%), and secondly by foreign academics.

85. Neither the Journal nor the Successor Journal has provided any payment to their writers, nor to their staff, with the exception of the summers between 1988 and 1992, when the Journal had a part-time student assistant paid by Wilfred Laurier University and Ontario SEED grants.

Simon Fraser University and the West Coast Review Publishing Society

86. Simon Fraser University (“SFU”) and the West Coast Review Publishing Society (the “Society”) have taken a role in publishing the journal West Coast LINE since 1965, when the Society was founded as an incorporated non-profit society in 1965 at SFU with a mandate to produce a general arts journal, The West Coast Review (in this section, the “Review”), which would publish creative writing, essays, reviews, music, and artwork (especially photography).

87. In 1986, the Review was reshaped into a more specialized literary journal, publishing creative writing, essays, and reviews. In 1989, the editorship of the West Coast Review was offered to Roy Miki, a faculty member of SFU and editor of Line, a scholarly journal of criticism on modern and postmodern writing. It was agreed that the Review could develop new directions, and a broader readership, by absorbing some of the literary and scholarly concerns of Line.

88. The current editor of West Coast LINE is Glenn Lowry, the Chair of Online Learning and External Collaborations at Emily Carr University and a lecturer at SFU from 2005 to 2008.

89. West Coast LINE is run by 12 volunteers and one part-time managing editor who is paid for 24 hours of work per week. The production of West Coast LINE is either volunteer or freelance, and all editorial work and other work as needed is entirely of a volunteer nature.

90. SFU is a public university in British Columbia with its main campus in Burnaby, and satellite campuses in Vancouver and Surrey. SFU was incorporated as a public university in 1965 under the terms of the University Act of British Columbia. SFU’s public value statement was approved by its Senate and Board of Governors in 2000, and reads:

“We are an open, inclusive university whose foundation is intellectual and academic freedom.

Our scholarship unites teaching and research: we celebrate discovery, diversity and dialogue.

Our students and communities can expect teaching that is personal and learning opportunities that are lifelong.

We champion the liberal arts and sciences and pioneering interdisciplinary and professional programs.

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We are a university where risks can be taken and bold initiatives embraced.

Upon these foundations, we will engage all our communities in building a robust and ethical society.”

91. The public submissions policy of West Coast LINE explains that it

“publishes work by writers and artists who are experimenting with or expanding the boundaries of conventional forms and contexts. We are interested in work engaged with problems of representation, race, culture, gender, sexuality, technology, media, urban/rural spaces, nature, and language.”

92. Contributions to West Coast LINE fall into the categories of mixed-genre, poetry, fiction, critical prose, and visual art. Approximately 95% of contributors are paid a small honorarium of $10 a page for their contributions, with a floor of $50 and a ceiling of $200 per contribution. West Coast LINE publishes the works of approximately 80 different contributors per year.

93. SFU currently supplies West Coast LINE with office space, storage space in central stores and some accounting in the form of a University account administered by SFU’s Finance department. SFU has provided West Coast LINE with publications grants amounting to $10,000 in the past few years.

University of British Columbia

94. The University of British Columbia (“UBC”) is a Canadian public research university with campuses in the Greater Vancouver area and in Kelowna, British Columbia. While the roots of UBC date to the British Columbia University Act of 1908, UBC offered its first lectures in 1915 and awarded its first degrees in 1916.

95. UBC’s public mission statement states, in part, that it will:

“provide its students, faculty, and staff with the best possible resources and conditions for learning and research, and create a working environment dedicated to excellence, equity, and mutual respect. It will cooperate with government, business, industry, and the professions, as well as with other educational institutions and the general community, to discover, disseminate, and apply new knowledge, prepare its students for fulfilling careers, and improve the quality of life through leading-edge research.”

96. Four of the journals put into issue in this class action have a direct or indirect connection to UBC. They are Pacific Affairs, Canadian Literature, BC Studies, and the Canadian Journal of Family Law.

Pacific Affairs

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97. Pacific Affairs is a quarterly publication that was founded in 1928. It is a peer-reviewed, independent, and interdisciplinary scholarly journal focussing on important current political, economic and social issues throughout Asia and the Pacific. It has been based at UBC since 1961. Its acting editor is Hyung Gu Lynn, the AECL/KEPCO Chair in Korean Research at the Institute of Asian Research, University of British Columbia.

98. Pacific Affairs is largely volunteer-driven, with 58 Associate Editors and Editorial Board members working as volunteers. The Associate Editors assign reviewers for books and vet articles for suitability. Editorial Board members provide detailed referee reports of articles that are submitted. In addition to these volunteers, Pacific Affairs has two full time staff and two part-time staff.

99. All contributors to Pacific Affairs are academics who are not paid by the journal. Pacific Affairs generally publishes five articles and 40 book reviews per issue, thus totalling 20 articles and 160 book reviews per year. Article authors can publish once every two calendar years, but not more frequently. Book review authors can write two book reviews per calendar year or volume (publishing year).

100. Unsolicited articles are given a preliminary review by the Editor and at least one Associate Editor. If an article is deemed worthy, it is passed (blind) to 2 volunteer referees who provide reports. If the reports are favourable and the Editor agrees, then revisions are made as suggested by the referees.

101. While Pacific Affairs does not pay its authors, it does provide two complimentary hardcopies of the issue in which the author’s article was published, off-prints of the author’s article, and a PDF file of the article.

Canadian Literature

102. Canadian Literature is a quarterly journal that will celebrate its fiftieth anniversary in the fall of 2009. It is currently edited by Margery Fee, a professor of English at UBC and a Distinguished Scholar in Residence at the Peter Wall Institute for Advanced Studies. Its editorial staff is composed of faculty members at the Department of English at UBC, including Laura Moss, Glenn Deer, Judy Brown, and Larissa Lai, along with Réjean Beaudoin of the Department of French, Hispanic and Italian Studies.

103. The mission of Canadian Literature is to publish critical articles on Canadian literature for all periods and genres, reviews of selected books relevant to the field, and original poems by living Canadian writers. All submissions go through a double blind peer-review process, with final say on edits made by the Editor in consultation with the author.

104. Canadian Literature does not pay for articles and reviews, but has paid a small honorarium of $15 for each poem published in the journal since 2008.

BC Studies

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105. Established in 1969, BC Studies is a quarterly journal dedicated to the exploration of British Columbia’s cultural, economic, and political life; past and present. It is currently edited by Graeme Wynn, a professor and head of the Department of Geography at UBC, with support from an editorial board of 18 academics and an editorial staff of nine.

106. A typical issue of BC Studies contains three to four articles, book reviews by authorities in the field, and an ongoing bibliography of books, articles and government publications on British Columbia. While most submissions are unsolicited, from time to time the editor will call for papers on specific topics or engage the services of a guest editor.

107. If, after a preliminary screening by the editor, it is determined that a manuscript warrants serious consideration, it is sent out anonymously to two (and sometimes three) volunteer readers with scholarly expertise in the relevant area.

108. All authors who publish in BC Studies are academics, and none are paid for their contributions.

109. BC Studies has been housed at UBC since its inception, and is supported by UBC, Simon Fraser University, and the University of Victoria. In 1971, it obtained the support of the Canada Council, and subsequently the Social Sciences and Research Council, whose continued support is invaluable. It is also supported by Canadian Heritage through their Publications Assistance Program and by project grants from the Canadian Magazine Fund.

Canadian Journal of Family Law

110. The Canadian Journal of Family Law (“CJFL”) has been published since 1978 by the Canadian Journal of Family Law Society, a registered not-for-profit corporation. It is refereed journal published twice a year, which invites submissions of articles and commentaries pertaining to all aspects of family law from members of the legal, social science, psychological, medical, political science, and other disciplines and from legal practitioners.

111. The public mission statement of the CJFL is to provide a meeting place for academics and professionals from a variety of disciplines to discuss and debate family law issues.

112. CJFL’s connection to UBC is through Professor Susan Boyd, the faculty advisor for CJFL, the director of the Centre for Feminist Legal Studies at UBC, and a member of the editorial board for the Canadian Journal of Women and the Law and a number of other journals. Its current editors are Adrian Gibson and Sara Askari.

113. The CJFL is almost entirely run by paid workers and students working for course credits. It occasionally has volunteer students peer-review submissions, but they are always credited as contributing editors for the publication. The staff is assisted by an advisory board comprised of 24 legal professionals and academics who provide peer reviews of article submissions to the CJFL.

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114. All submissions to the CJFL are first reviewed by staff for Canadian content and family law focus. If these criteria are met, the submission is then sent out to qualified external academics or practitioners in the field for peer review.

115. None of the authors whose articles are chosen for publication in the CJFL is paid, with the exception of a $200 prize to the winner of the CJFL’s student contest.

Conclusion

116. I make this affidavit in support of the Group Defendants’ motion to amend the certification of the class action and for no other or improper purpose.



Lawyers for the Third and Fourth Parties in Schedule “B” attached

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HEATHER ROBERTSONPlaintiffs and

PROQUEST INFORMATION AND LEARNING COMPANY ET AL

Defendantsand

ABORIGINAL MULTI-MEDIA SOCIETY ET AL

Third Party

Court File No: 03-CV-252945CP


Proceeding commenced at TORONTO

AFFIDAVIT OF DANIEL GLOVER

McCarthy Tétrault LLPSuite 5300, Toronto Dominion Bank TowerToronto ON M5K 1E6


Lawyers for the Third and Fourth Parties in Schedule “B” attached585789

16

SCHEDULE "A"


Parties Added in Third Party Claim 03-CV-252945CPA2

NORTHERN NEWS SERVICES LTD. (THE YELLOWKNIFER) HALIFAX HERALD LTD. BLACK PRESS LTD. (RED DEER ADVOCATE) THOMSON CANADA LIMITED

(WINNIPEG FREE PRESS) LES ÉDITIONS DE L'ACADIE NOUVELLE (1984) LTÉE BRUNSWICK NEWS INC.

Party Added in Third Party Claim 03-CV-252945CPOB

PROQUEST INFORMATION ACCESS LLC


ABORIGINAL MULTI-MEDIA SOCIETY, ABORIGINAL NURSES ASSOCIATION OF CANADA, ACTA PRESS, ADMINISTRATIVE SCIENCES ASSOCIATION OF

CANADA, AFRICA LAW INSTITUTE, ALBERTA ASSOCIATION OF REGISTERED NURSES, ALTERNATIVES JOURNAL (UNIVERSITY OF WATERLOO), ANGLICAN CHURCH OF CANADA, APPRAISAL INSTITUTE OF CANADA, ASSOCIATION FOR THE STUDY OF HUMOR, ASSOCIATION OF UNIVERSITIES AND COLLEGES OF

CANADA, BANK OF CANADA, BAXTER PUBLISHING CO., BECKER ASSOCIATES, BELL-NORTHERN RESEARCH LTD., BRANDON UNIVERSITY, CANADA AND THE

WORLD, CANADA WIDE MAGAZINE, CANADIAN ASSOCIATION OF OCCUPATIONAL THERAPISTS, CANADIAN ASSOCIATION FOR BUSINESS

ECONOMICS, CANADIAN ASSOCIATION FOR DISTANCE EDUCATION, CANADIAN ASSOCIATION FOR LATIN AMERICAN AND CARIBBEAN STUDIES,

CANADIAN ASSOCIATION OF AFRICAN STUDIES, CANADIAN ASSOCIATION OF NEPHROLOGY NURSES AND TECHNOLOGISTS, CANADIAN ASSOCIATION OF RADIOLOGISTS, CANADIAN ASSOCIATION OF SCHOOLS OF SOCIAL WORK,

CANADIAN ASSOCIATION OF SLAVISTS, CANADIAN BANKERS' ASSOCIATION, CANADIAN BIOTECH NEWS, CANADIAN BROADCASTING CORPORATION,

CANADIAN CENTRE FOR POLICY ALTERNATIVES, CANADIAN CHIROPRACTIC ASSOCIATION, CANADIAN CONSUMER INC., CANADIAN DISARMAMENT

INFORMATION SERVICE, CANADIAN ETHNIC STUDIES ASSOCIATION, CANADIAN FOREIGN POLICY, CANADIAN GEOGRAPHIC ENTERPRISES, CANADIAN IMPERIAL BANK OF COMMERCE, CANADIAN INSTITUTE OF

CHARTERED ACCOUNTANTS, CANADIAN INSTITUTE OF INTERNATIONAL AFFAIRS, CANADIAN INSTITUTE OF MANAGEMENT, CANADIAN INSTITUTE OF

MINING, METALLURGY AND PETROLEUM, CANADIAN INSTITUTE OF UKRAINIAN STUDIES, CANADIAN JOURNAL OF COMMUNICATIONS

CORPORATION, CANADIAN JOURNAL OF FAMILY LAW, CANADIAN JOURNAL OF HISTORY, CANADIAN JOURNAL OF PHILOSOPHY, CANADIAN LIBRARY

ASSOCIATION, CANADIAN MEDICAL ASSOCIATION, CANADIAN MUSIC

- 17 -

EDUCATORS ASSOCIATION, CANADIAN NURSES ASSOCIATION, CANADIAN PSYCHOANALYTIC SOCIETY, CANADIAN PSYCHOLOGICAL ASSOCIATION,

CANADIAN PUBLIC HEALTH ASSOCIATION, CANADIAN REVIEW OF SOCIAL POLICY (YORK UNIVERSITY), CANADIAN SHAREOWNER MAGAZINE INC.,

CANADIAN SOCIETY FOR CLINICAL INVESTIGATION, CANADIAN SOCIETY FOR THE STUDY OF EDUCATION, CANADIAN SOCIETY FOR TRADITIONAL MUSIC,

CANADIAN SOCIOLOGY AND ANTHROPOLOGY ASSOCIATION, CANADIAN SPEECHES, CANADIAN TAX FOUNDATION, CANADIAN TREASURY

MANAGEMENT REVIEW, CANADIAN WOMEN'S HEALTH NETWORK, CARSWELL PUBLISHING, CENTER FOR BIOETHICS, CENTRE FOR COMMUNITY ENTERPRISE,

CENTRES OF EXCELLENCE FOR WOMEN'S HEALTH, CINEACTION!, CITIZENS FOR PUBLIC JUSTICE, CLASSICAL ASSOCIATION OF CANADA,

COMMUNICATION ENG, CONFERENCE BOARD OF CANADA, CRAILER COMMUNICATIONS, DECKER PERIODICALS, INC., DIMENSION PUBLISHING INC.,

ECW PRESS, ENTOMOLOGICAL SOCIETY OF BRITISH COLUMBIA, ENTOMOLOGICAL SOCIETY OF CANADA, EQUALITY ENTERPRISES, ESTEY CENTRE FOR LAW AND ECONOMICS IN INTERNATIONAL TRADE, EVERT

COMMUNICATIONS LTD., FILM STUDIES ASSOCIATION OF CANADA, FIREWEED INC., FRASER INSTITUTE, GRADUATE CENTRE FOR STUDY OF DRAMA, GREEN

TEACHER, GROUPE CTT GROUP, HEALTH LAW INSTITUTE (UNIVERSITY OF ALBERTA), HERIZONS MAGAZINE, INC., HUMAN RIGHTS INTERNET, INANNA

PUBLICATIONS & EDUCATION INC., INDUSTRY CANADA, INFORMATION TECHNOLOGY RESEARCH GROUP, INC., INITIATIVES FOR WOMEN'S HEALTH,

INC., INROADS, INC., INSTITUTE FOR URBAN STUDIES, INSTITUTE OF CHARTERED ACCOUNTANTS OF BRITISH COLUMBIA, INTERNATIONAL COUNCIL FOR ADULT EDUCATION, IR RESEARCH SERVICES, JANGAR

PUBLICATIONS INC., JCFT FOREST COMMUNICATIONS, KEN HAYCOCK AND ASSOCIATES, LAURENTIAN TECHNOMEDIA INC., LAVAL UNIVERSITY,

LITERARY REVIEW OF CANADA, MACLEAN-HUNTER BUSINESS PRODUCTIONS, MANITOBA BUSINESS MAGAZINE (1966) LTD., MANITOBA HISTORICAL

SOCIETY, MCGILL UNIVERSITY FACULTY OF EDUCATION, MOSAIC (UNIVERSITY OF MANITOBA), MUNICIPAL WORLD INC., NEW

INTERNATIONALIST CO-OPERATIVE, NORTHERN ONTARIO BUSINESS, NORTHERN STAR COMMUNICATIONS LIMITED, ONTARIO HISTORICAL SOCIETY, OPERA CANADA PUBLICATIONS, OPERATING ROOM NURSES

ASSOCIATION OF CANADA, OPTIMST, OUR TIMES PUBLISHING INC., PEARSON PEACEKEEPING CENTRE, PEGASUS PUBLISHING INC., PEREGRINA PUBLISHING

COL., PERFORMING ARTS & ENTERTAINMENT IN CANADA, PULSUS GROUP INC., QUADRANT EDUCATIONAL ENTERPRISES INC., QUARRY PRESS, QUEEN'S

UNIVERSITY, REGISTERED NURSES ASSOCIATION OF BRITISH COLUMBIA, RESOURCES FOR FEMINIST RESEARCH (UNIVERSITY OF TORONTO),

SCANDINAVIAN PRESS, SEGUE ESPRIT, INC., ST FRANCIS XAVIER UNIVERSITY, STANVERSAL PUBLISHING, STATISTICS CANADA, STONE AND COX, LTD.,

STYLE COMMUNICATIONS INC., SUNRISE PUBLISHING LTD., THE CANADIAN SOCIETY OF RESPIRATORY THERAPISTS, THE SEX INFORMATION AND

EDUCATION COUNCIL OF CANADA, TORONTO LIFE PUBLISHING COMPANY, TOURISM BRITISH COLUMBIA, TRENT UNIVERSITY, UNITED WESTERN

COMMUNICATIONS LTD., UNIVERSITY OF ALBERTA, UNIVERSITY OF BRITISH COLUMBIA, UNIVERSITY OF

- 18 -

CALGARY, UNIVERSITY OF SASKATCHEWAN DEPARTMENT OF RELIGION, UNIVERSITY OF TORONTO FACULTY OF MEDICINE, UNIVERSITY OF TORONTO PRESS, UNIVERSITY OF WESTERN ONTARIO SCHOOL OF BUSINESS, WYNDHAM

WISE, YOUNGBLOOD PUBLISHING LTD.


ACTION COMMUNICATIONS INC., ALBERTA TEACHERS' ASSOCIATION, ARTS MANITOBA PUBLICATIONS INC., ASSOCIATION OF CANADIAN STUDIES, ATLANTIC PROVINCES COMMUNICATIONS COUNCIL, AVID MEDIA INC.,

BISHOP'S UNIVERSITY, BRIARPATCH INC., BRITISH COLUMBIA HISTORICAL NEWS (BRITISH COLUMBIA HISTORICAL FEDERATION), BRITISH COLUMBIA REPORT MAGAZINE INC., C.D. HOWE INSTITUTE, CANADIAN INDEPENDENT

FILM & TELEVISION PUBLISHING ASSOCIATION, CANADA'S NATIONAL HISTORY SOCIETY, CANADIAN ART, CANADIAN ASSOCIATION FOR HEALTH, PHYSICAL EDUCATION, RECREATION AND DANCE, CANADIAN ASSOCIATION OF JOURNALISTS, CANADIAN ASSOCIATION OF UNIVERSITY OF TEACHERS,

CANADIAN COMMITTEE ON LABOUR HISTORY, CANADIAN COUNCIL OF TEACHERS OF ENGLISH LANGUAGE ARTS, CANADIAN EDUCATION

ASSOCIATION, CANADIAN INDUSTRIAL INNOVATION CENTRE, CANADIAN JEWISH NEWS, CANADIAN NATURE FEDERATION, THE CANADIAN PRESS,

CANADIAN REGIONAL COMMONWEALTH PARLIAMENTARY ASSOCIATION, CANADIAN REVIEW OF BOOKS LTD., CANADIAN SOCIETY FOR THE STUDY OF HIGHER EDUCATION, CCH CANADIAN, CENTRE FOR ADDICTION AND MENTAL HEALTH, CF COMMUNICATIONS FOR INVESTORS ASSOCIATION OF CANADA, CHMM INC., CITY MAGAZINE, CLIFFORD ELLIOTT AND ASSOCIATES LIMITED, CM BOARD (MANITOBA LIBRARY ASSOCIATION), CMD GROUP, COMMUNITY

ACTION, EARTHKEEPER INC., ECODECISION, EDMONTON JOURNAL, FIRST REFERENCE INC., GOVERNMENT INFORMATION IN CANADA, HILL TIMES

PUBLISHING INC., IN 2 PRINT, INUIT TAPIRISAT, JESUITS OF UPPER CANADA PROVINCE, JOURNAL OF EDUCATIONAL ADMINISTRATION AND FOUNDATION (UNIVERSITY OF VICTORIA), KEITH HEALTH CARE COMMUNICATIONS, LEGAL

RESOURCE CENTRE OF CANADA, MENNONITE PUBLISHING SERVICE, NEW CATHOLIC TIMES, NEW MARITIMES EDITORIAL COUNCIL, ONTARIO FILE

ASSOCIATION, ONTARIO INSTITUTE FOR STUDIES IN EDUCATION, ONTARIO PUBLIC SCHOOL BOARD'S ASSOCIATION, OUR TIMES PUBLISHING INC., PEACE

RESEARCH, PELICAN ISLAND INFORMATION, PRESBYTERIAN CHURCH IN CANADA, QUILL AND QUIRE, SILVAN COMMUNICATIONS, SIMON FRASER

UNIVERSITY DEPARTMENT OF ENGLISH, SOCAN, STUDIA CANONICA, SYSNOVATORS LIMITED, THIS MAGAZINE, UNIVERSITY OF GUELPH

DEPARTMENT OF FAMILY RELATIONS AND APPLIED NUTRITION, UNIVERSITY OF NEW BRUNSWICK, UNIVERSITY OF WATERLOO, UNIVERSITY OF WINDSOR,

WILFRID LAURIER UNIVERSITY OF DEPARTMENT OF SOCIOLOGY AND ANTHROPOLOGY

- 19 -

SCHEDULE "B"


Canadian Association of Occupational TherapistsCanadian Music Educators AssociationCanadian Psychoanalytic SocietyCanadian Society for the Study of EducationFraser InstituteUniversity of British Columbia



HEATHER ROBERTSONPlaintiffs and

PROQUEST INFORMATION AND LEARNING COMPANY ET AL

Defendantsand

ABORIGINAL MULTI-MEDIA SOCIETY ET AL

Third Party

Court File No: 03-CV-252945CP


Proceeding commenced at TORONTO

MOTION RECORD(Motion Returnable: September 14-15, 2009)

McCarthy Tétrault LLPSuite 5300, Toronto Dominion Bank TowerToronto ON M5K 1E6


Lawyers for the Third and Fourth Parties in Schedule “B” attached594363

ontario superior court of justice heather … · cedrom-sni inc., torstar corporation, rogers media...

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