Spanski Enterprises, Inc. et al. V. IMB+ Records Inc. et al. 2013 ONSC 5382

The Defendants brought a motion to stay the portion of the action commenced in the Ontario Superior Court of Justice addressing claims under the Copyright Act, until the copyright owners are added as parties to the action or agree to be bound by any decision of the Court and authorize the Plaintiffs to be their representatives in the action. The Plaintiffs opposed the motion.

The Court dismissed the motion on the basis that the interests of justice do not require the copyright owners to be parties, as set out in section 41.23(2)(c) of the Copyright Act. The Court noted that the Plaintiffs have contractual obligations with respect to the copyright owners and that the Defendants delayed in bringing this motion.