Date: 20030630
Docket: A-554-02
Citation: 2003 FCA 292
CORAM: LINDEN J.A.
ROTHSTEIN J.A.
SEXTON J.A.
BETWEEN:
SOCIETY OF COMPOSERS, AUTHORS AND
MUSIC PUBLISHERS OF CANADA
Appellant
and
960122 ONTARIO LTD., c.o.b. as BLUE MOUNTAIN
GATEWAY TAVERN
Respondent
REASONS FOR ORDER
THE COURT
1 This is an ex parte motion for reconsideration of an "apparent oversight" in a decision delivered on June 5, 2003, in which, as part of its reasons, the Court indicated that an appeal lies from an interlocutory order of a referee.
2 The plaintiff seeks a clarification which would decide to where such an appeal would lie, whether it be to the Trial Division or to the Court of Appeal.
3 At the hearing of this matter counsel did not make any specific submissions related to this particular matter. The Court did not ask any questions of counsel on that specific issue. Hence, the Court did not consider this precise matter as it was not necessary to decide the matter before it, hence, there was no oversight.
4 Consequently, the Court declines to answer this question, leaving it to be argued and decided in a case that squarely raises it.
5 The motion is dismissed without costs.
____________________________________
J.A.
FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD
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STYLE OF CAUSE: SOCAN v. 960122 ONTARIO LTD., c.o.b. as BLUE MOUNTAIN GATEWAY TAVERN
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MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF PARTIES
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PLACE OF HEARING: OTTAWA, ONTARIO DATED: JUNE 30, 2003 REASONS FOR ORDER OF THE COURT: LINDEN J.A. CONCURRED IN BY: ROTHSTEIN, SEXTON JJ.A.
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WRITTEN REPRESENTATIONS BY:
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Mr. Kenneth A. Dangerfield FOR THE APPELLANT
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Boughton Peterson Yang Anderson
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Vancouver, British Columbia FOR THE APPELLANT
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