Federal Court Grants Delay in Voltage File Sharing Lawsuits

Monday December 17, 2012
Thanks to Paul Andersen (@pandersen) and Bill Sandiford (@Bill_Sandiford) for live-tweeting the proceedings this morning from Federal Court in Toronto as Voltage Pictures sought an order to require TekSavvy, a leading independent ISP, to disclose the identities of thousands of its subscribers. TekSavvy immediately requested an adjournment (ie. a delay), arguing that the notice period to inform customers of the proceedings was insufficient, adding that many of its customers had not received the notification.  Moreover, CIPPIC wrote to the court last week urging it to delay, pointing to several key legal and evidentiary issues:

We request that the motion not go forward on December 17, but instead be set forward to a future date in order to give defendants to this action sufficient time to learn of the motion, retain and be advised by counsel, and participate in the hearing of the motion if they so desire. We also intend to apply to intervene in the hearing of the motion, but cannot do so in the short time that has elapsed between the filing of the motion on December 11 and the proposed hearing date, six days later.

Voltage opposed any delay, but the court sided with TekSavvy and decided to adjourn the proceeding. The case, which has garnered increasing attention in recent days, is now scheduled to resume on January 14, 2013. That should presumably provide CIPPIC and any affected subscribers time mount a formal intervention or opposition to the motion.