Court

File

No.:

15-65248

ONTARIO
SUPERIOR COURT OF JUSTICE

BETWEEN:
1395804 ONTARIO LTD., operating as Blacklocks Reporter
PLAINTIFF
AND:
NICK FILLMORE and MARK TALIANO
DEFENDANTS

STATEMENT OF DEFENSE
1. The Defendants admit paragraph 5.
2. The Defendants deny paragraphs 1, 6-7, 14-26.
3. The Defendants have no knowledge of paragraphs 2-4, 8-13
4. The Defendant Nick Fillmore is a journalist. He has spent a career reporting on and critiquing
government and political activity.
5. The Defendnat Mark Taliano is an activist interest in sound public policy in Canada.
6. Together, Mr. Fillmore and Mr. Taliano are involved in organizing the volunteer group,
Campaign to Build One Big Campaign, a grassroots initiative to involve Canadians in giving
voice to their concerns over federal government actions.
7. The Campaign to Build One Big Campaign operates a Facebook page that reports on its
activities and shares reportage, criticism, and news of federal government activity.
8. The Plaintiff in this action claims that the Defendants have infringed its copyright in certain
content (News Content). However, the Plaintiff has failed to plead or otherwise identify:
a. any individual News Content that it claims copyright in, and that the Defendants have
infringed copyright;
b. the authors of any such News Content;
c. how any such News Content might enjoy copyright protection in Canada under the
Copyright Act; or

d. how the chain of title of any such copyright in News Content might establish that the
Plaintiff is the owner of such copyright.
9. This failure is complete in that it fails to establish the necessary elements to any cause of action
for copyright infringement.
10. In the alternative, the Defandants plead that none of their dealings complained of in the
Statement of Claim infringe any copyright owned by the Plaintiff as all such dealings constitute
fair dealings with News Content pursuant to sections 29, 29.1 and/or 29.2 of the Copyright Act
for purposes including research, criticism, review, news summary, and education. The
Defendants plead and rely on the provisions of the Copyright Act.
11. In response to paragraph 4, the Defendants deny that the Plaintiff employ technical protection
measures, or technical measures, within the meaning of the Copyright Act, and in any event
have not circumvented any technical measure employed by the Plaintiff in respect of its dealings
with News Content.
12. The Defendants state that the Plaintiff has suffered absolutely no damages whatsoever in
connection with any action of the Defendants, whether in connection with News Content or
otherwise, and put the Plaintiff to the strict proof thereof.
13. The Defendants say that the trial of this action should take place in Ottawa.

September 8, 2015

for

Fewer & Company

575 Brierwood Ave.
Ottawa, ON., K2A 2H6
David Fewer, LSUC #45307C
Tel: (613) 808-4395
Fax: (613) 562-5417
Email: david@fewer.ca
Solicitor for the Defendants

TO: Hameed Law

43 Florence Street
Ottawa, ON, K2P 0W6
Yavar Hameed
Tel: (613) 232-2688 x228
Fax: (613) 232-2680
Solicitor for the Plaintiff