Postmedia Network Inc. et al. v. Meltwater Holding B.V., et al. 2017 ONSC 3387, appealed 2017 ONSC 6036

On October 12, 2017, Ontario Superior Court Justice Madam Justice J.T. Akbarali dismissed an appeal of a decision rendered May 31st in which Master Graham permitted the action to proceed pursuant to the plaintiffs’/respondents’ Rule 48.14 status hearing motion. The action is for substantial damages for breach of copyright and breach of contract. The plaintiffs/respondents allege that the defendants/appellants had copied the content of their websites and sold it to subscribers without permission. At the status hearing motion, the defendants/appellants argued that the case be dismissed because of delay. Justice Akbarali, upholding the decision of Master Graham, found that there was a reasonable explanation for the time that had elapsed since the litigation commenced (for example, the parties were largely engaged in settlement discussions), and that the defendants/respondents would not suffer any non-compensable prejudice with the action proceeding. In dismissing the appeal, Justice Akbarali awarded partial indemnity costs of $22,853.12 to the Respondents/Plaintiffs. Alex Cameron successfully represented the Respondents/Plaintiffs, assisted by Nora Kharouba