2 total
Teacher classroom excerpts qualified for renewed fair-dealing analysis; appeal allowed.
In an appeal from judicial review of a copyright tariff ruling, the Court examined whether teacher-made classroom photocopies qualified as fair dealing for research or private study under s. 29 of the Copyright Act.
The majority held the tribunal unreasonably applied key fairness factors by separating teacher and student purposes, assessing amount on aggregate copying rather than excerpt-to-work proportion, treating additional textbook purchases as a practical alternative, and inferring market harm without an adequate evidentiary link.
Applying reasonableness review, the Court concluded the unfairness determination could not stand and remitted the matter for reconsideration.
A dissent would have deferred to the tribunal’s multifactor factual assessment and would have upheld the result despite one flawed effect-of-the-dealing finding.
Subcontracting grievance adjourned pending determination of underlying jurisdictional dispute over work assignment.
The applicant union filed a grievance alleging the employer violated the collective agreement by subcontracting work to a non-union entity.
The responding employer and the intervenor union brought a motion to adjourn the grievance pending the determination of a jurisdictional dispute over the work assignment.
The Board granted the motion, finding that its longstanding jurisprudence of deferring subcontracting grievances to jurisdictional disputes was not altered by recent case law, and adjourned the grievance pending the filing of a jurisdictional dispute application.
