The Court allowed the appeal and held that an Internet service provider may recover reasonable costs required to comply with a Norwich order, but not costs tied to obligations already imposed by the statutory notice and notice regime under ss. 41.25 and 41.26 of the Copyright Act.
Because the record did not permit a proper allocation between recoverable and non-recoverable work, the matter was remitted to the motion judge to determine the reasonable quantum, with Rogers permitted to adduce fresh evidence.
