Keatley Surveying Ltd. v. Teranet Inc., 2015 ONCA 248

A proposed class proceeding claims that land surveyors retain copyright in the plans of survey they prepare and register in Ontario’s land registry system and that the provision of copies of surveys to users of the system infringes the surveyors’ copyright.

The class proceedings judge had refused to certify the action, but on appeal to the Divisional Court, the action was certified on the basis of a revised class definition and revised common issues. Now, the Court of Appeal for Ontario has sided with the Divisional Court, and the revised litigation plan is adequate and may proceed.