This Practice Notice pertains to subrule 12(2) of the Canadian International Trade Tribunal Rules whereby “[a] party may make a written request to the Tribunal to file a document as a single copy exhibit.”
Why does the Tribunal sometimes allow the filing of single-copy exhibits? Single-copy exhibits are a means to lessen the filing burden on parties appearing before the Tribunal when it is impractical to copy a given document (and serve it on other parties) because of its size, and relative importance or relevance.
Do single-copy exhibits cause concern? Yes. Such exhibits are not easily accessible to parties and their representatives based outside of the National Capital Region, and this may pose concerns of procedural fairness.
What is the objective of this Practice Notice? The Tribunal hereby gives notice that, as a matter of course, it will only accept the filing of single-copy exhibits in circumstances such as those described in paragraph 2 or, in exceptional circumstances, where it is demonstrated that no other course of action is possible.
Can single-copy exhibits be used by parties to address copyright or licensing concerns? The Tribunal will no longer accept the filing of single-copy exhibits as the only means of dealing with concerns over possible copyright infringement or contractual licensing restrictions.
Copyrighted Materials. The use of copyrighted materials in Tribunal proceedings (e.g. in parties briefs, witness statements, etc.) may often be within the fair dealing exception of section 29 of the Copyright Act. It will be up to parties or their counsel to determine whether the fair dealing exemption applies in any given case. Wherever possible, documents should be filed on the public record.
Licensing Restrictions. If a party wishes to designate copyrighted materials as confidential due to licensing restrictions, the Tribunal will expect counsel to provide such materials to other parties so that the Tribunal can be assured that procedural fairness has been upheld, failing which the Tribunal will not consider the materials in issue. The Tribunal understands that parties share such materials through various means, including via limited disclosure undertakings between them.
In all instances, parties filing material on the Tribunal’s record take sole responsibility for any third-party claims in copyright infringement or in breach of contractual licensing obligations that may arise from their actions.