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File No. _________________

IN THE SUPREME COURT OF CANADA

(ON APPEAL FROM THE FEDERAL COURT OF APPEAL)

BETWEEN:
YORK UNIVERSITY

Applicant
(Appellant)
- and -

THE CANADIAN COPYRIGHT LICENSING AGENCY (“ACCESS COPYRIGHT”)

Respondent
(Respondent)

NOTICE OF APPLICATION FOR LEAVE TO APPEAL

(Pursuant to Rule 25 of the Rules of the Supreme Court of Canada, SOR/2002-156)

TAKE NOTICE that York University applies for leave to appeal to the Supreme
Court of Canada, under Section 40 of the Supreme Court Act, R.S.C., 1985, c. S-26, from
the judgment of the Federal Court of Appeal, file number A-259-17, made on April 22, 2020,
and for any further or other order that the Court may deem appropriate.

AND FURTHER TAKE NOTICE that this application for leave is made on the
following grounds:

1. The proposed appeal raises the following issues of public importance that ought to
be decided by this Court:

(a) When determining whether copying in the educational context

constitutes “fair dealing” (and thus not infringement) under ss. 29,
29.1 and 29.2 of the Copyright Act, R.S.C., 1985, c. C-42, should the
analysis be conducted from the perspective of the ultimate users
(students), or from the perspective of the educational institution they
attend?
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(b) When determining whether copying m the educational context

constitutes "fair dealing" under ss. 29, 29.1 and 29.2 of the Copyright
Act, the analysis should refrain from conflating factors.

(c) For institutional fair dealing guidelines to be "fair" for the purposes
of ss. 29, 29.1 and 29.2 of the Copyright Act, is there an obligation for
an educational institution to implement safeguards to ensure
compliance with the guidelines themselves?

Dated at Toronto, Ontario this 19th day of June, 2020.

SIGNED BY:

OSL , H SKIN & HARCOURT LLP OSLER, HOSKIN & HARCOURT LLP
P.O. Bo , 1 First Canadian Place 1900 - 340 Albert Street
Toronto, ON M5X 1B8 Ottawa, ON KlR 7Y6

John C. Cotter Geoff Langen

Barry Fong
W. David Rankin

Tel: 416.862.5662 Tel: 613.787.1015

Fax: 416.862.6666 Fax: 613.235.2867

Email: jcotter@osler.com Email: glangen@osler.com

bfong@osler.com
drankin@osler.com

Counsel for the Applicant, Ottawa Agent for the Applicant,

York University York University
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ORIGINAL TO: THE REGISTRAR

COPIES TO:

ARTHUR B. RENAUD ADDRESS FOR SERVICE:

Barrister & Solicitor Access Copyright
40 Rivercrest Road 320—56 Wellesley St. W.
Toronto, ON M6H 4H3 Toronto, ON M5S 2S3

Tel: 647.984.1049
Email: a.b.renaud@gmail.com

Counsel for the Respondent,

The Canadian Copyright Licencing Agency
(“Access Copyright”)

NOTICE TO THE RESPONDENT OR INTERVENER: A respondent or intervener

may serve and file a memorandum in response to this application for leave to appeal within
30 days after the day on which a file is opened by the Court following the filing of this
application for leave to appeal or, if a file has already been opened, within 30 days after the
service of this application for leave to appeal. If no response is filed within that time, the
Registrar will submit this application for leave to appeal to the Court for consideration
under section 43 of the Supreme Court Act.