Law360 Canada ( September 26, 2019, 1:50 PM EDT) -- Appeal from a judgment of the Ontario Court of Appeal affirming a decision dismissing a class action brought by Keatley Surveying Ltd (Keatley). Teranet Inc. contracted with Ontario to perform the automation and conversion of the paper-based registry system into an electronic land title system, as well as to operate and maintain this system on Ontario’s behalf. Keatley brought a motion to certify a class action on behalf of all land surveyors in Ontario who registered or deposited plans of survey in the provincial land registry offices. Keatley claimed that Teranet infringed surveyors’ copyright by digitizing, storing and copying the plans of survey created by the surveyors and registered or deposited in the electronic land registry system. Teranet alleged that the plans of survey were “prepared or published by or under the direction or control” of the province, and therefore that copyright belonged to the Crown. The class proceedings judge initially declined to certify the action. Keatley revised its proposed list of common issues, and the Divisional Court certified the action. A motions judge found that the copyright belonged to the provincial Crown and therefore that there was no copyright infringement, dismissing the class action. The Court of Appeal dismissed Keatley’s appeal. The Court had to determine whether the copyright in the plans of survey belonged to the province of Ontario pursuant to s. 12 of the Copyright Act....