The plaintiff, SOCAN, obtained a default judgment against the defendants for copyright infringement related to the unauthorized public performance of musical works.
The default judgment ordered a reference to determine damages and profits, requiring the defendants to serve a Statement of Issues and an Affidavit of Documents.
When the defendants failed to comply, the plaintiff brought a motion in writing for an order to proceed with an ex parte reference.
The Federal Court granted the motion, allowing the plaintiff to adduce evidence by affidavit and to elect whether to proceed in writing or by oral hearing.
