Sentences with phrase «plans of survey»

«I am satisfied that certified copies of plans of survey made available to members of the public under the statutory scheme are works published under the «direction or control» of the Crown for the purposes of s. 12 of the Copyright Act,» Justice David Doherty wrote in the decision.

«Pursuant to the terms of that section, copyright in registered or deposited plans of survey «belongs» to the Crown for the period of time prescribed in that section.»

Garth Myers, counsel for the plaintiffs in the appeal, says the Court of Appeal's conclusion that copyright had been transferred to the Crown as plans of survey are prepared under the Crown's direction or control is incorrect.

The statutory scheme also sets strict parameters for the form and content of any plans of survey that are to be deposited.

He noted that the legislation provides for deposit of plans of survey with the province's Land Registry Office.

Essentially, the same provisions of the statutory regimes governing the registration of plans of survey could be used to support the view that a surveyor who deposits a plan with the registry provides a broad, perpetual licence to the government to reproduce and disseminate the plans as part of the land titles system.

Considered as a whole, the provisions demonstrate that plans of survey registered or deposited in the ELRS are held and published entirely under the Crown's direction and control.

Nevertheless, the court was of the view that «a compelling case can be made that copyright belongs to the Crown, based on s. 12 of the Copyright Act and the statutory regime that governs plans of survey» (at para 113), although it stopped short of actually drawing this conclusion.

Instead, he found that copyright in the plans of survey is «transferred to the province» when plans are deposited.

Both the Land Titles Act and the Registry Act provide that «certified copies of registered or deposited plans of survey must be made available to members of the public upon payment of the prescribed fee.»

When plans of survey are registered and deposited in the provincial land registry offices in Ontario, the Respondent makes electronic copies of the plans and sells them for a fee.

[3] The Appellant brings this action on its own behalf and on behalf of all land surveyors in Ontario who registered or deposited their plans of survey in provincial land registry offices.

The proposed class action alleges that the Respondent's creation, maintenance and operation of its database constitutes copyright infringement in the plans of survey under the Copyright Act, R.S.C. 1985, c. C - 42 («Copyright Act»).

Class members claimed that Teranet had infringed on their copyright by digitizing, storing and copying plans of surveys they created and deposited in the system.

It has long been accepted that land survey plans are works in which copyright subsists and that the author of a plan of survey is the surveyor.

If the land surveyor has copyright, the making and distribution of paper or digital copies of the plan of survey is a breach of copyright whether done by an employee of the Province or by a third party hired by the Province to perform that function.»

At one point Justice Doherty states that: «The copyright rests in either the Province or the land surveyor who prepared the plan of survey.

The Class includes all land surveyors, whether acting as individuals, corporations, or partnerships in Ontario who on or before March 26, 2014 were the: (a) author of a plan of survey; or (b) employer of the land surveyor at the time the plan was made; or (c) an assignee of either an author or employer, whose plan of survey appeared at any time in the Teranet database.

The Class includes all land surveyors, whether acting as individuals, corporations or partnerships in Ontario who on or before March 26, 2014 were the (a) author of a plan of survey; or (b) employer of the land surveyor at the time the plan was made; or (c) an assignee of either an author or employer, whose plan of survey appeared at any time in Teranet Inc.'s electronic database.

Plan of Survey or Location Certificate.

Not exact matches

Almost a third of Canadians between the ages of 18 and 33 concede they are «not at all knowledgeable» about retirement savings plans, a recent survey by TD Bank found.

While only 18 percent of U.S. organizations offer paid parental leave, according to the Society for Human Resource Management's 2016 Employee Benefits Survey, many high profile employers have begun announcing plans that both increase the amount of paid time off for new parents and offer it regardless of gender.

According to a recent survey of 2,000 American and European shoppers done by Astound Commerce a full 40 percent of us are planning to do more than half of our shopping via Amazon.

The investment indicator in the Business Outlook Survey weakened significantly from the summer report, as the balance of opinion between firms planning more spending on machinery and equipment versus those predicting less dropped to 17 per cent from 29 per cent in the summer and 35 per cent at the start of the year.

Surveys taken recently by banks and small business advocacy groups show that at most, a third of small businesses plan to expand their staffs in the next 12 months.

Since JetBlue announced plans to rebrand in late 2014, the percentage of people polled who have said they are positive about the JetBlue brand has fallen almost eight points, according to YouGov, a research firm that surveys brand perceptions.

Our survey found that nearly 60 percent of respondents from small - and medium - sized businesses plan to hire anywhere from two to five positions this year.

Thirty - five percent of the people surveyed in the center's most recent study said they plan to start saving for retirement in their 20s.

This year, only a third of American consumers plan to spend $ 501 or more buying gifts, according to personal finance site WalletHub's latest survey.

A major new spending plan for buildings, roads and power supplies should be the number one priority for the U.S. administration this year, according to a new CNBC survey of global finance chiefs.

A survey conducted this year by Canadian Business and Deloitte shows that only 17 % of family - owned businesses in Canada have succession plans.

What's more interesting is that slightly more than one in three (35.66 percent) planning on smoking some pot this Friday will be skipping work on April 20 and the remaining 41.86 percent of survey - takers will go to work.

Indeed in a recent survey of over 1500 small businesses, email ranked top as the marketing channel with the highest ROI and an impressive 89 % of the SME's surveyed planned to increase their use of email marketing during 2014.

While 72 % of Canadians surveyed identified retirement saving as their highest financial priority, many believed they would need to replace only 60 % of their income after retirement, short of the 75 - 85 % generally assumed by planning professionals.

The top reason people gave for slacking off when it came to estate planning was that they «just hadn't gotten around to it,» according to the survey of 1,003 adults conducted in late January.

We surveyed almost 1,500 of our customers in December to ask about their plans for 2014.

Many of the 1,433 small business owners surveyed expect to live well into their retirement years, with one in three saying they plan to retire older than 70.

Nearly 40 % of retailers plan to accept Apple Pay by the end of 2015, according to a survey from Boston retail partners.

While implementation of some of the ideas can be slow, surveys done by MBAs Across America suggest that 100 % of the entrepreneurs assisted so far plan on implementing at least one of the recommendations.

To that point, 92 percent of the 3,500 - plus readers who had taken our survey as of Dec. 4 said they would not roll over their 401 (k) funds into a company pension plan.

In fact, according to a Sleeter Group survey of small business owners, business planning and strategy were the top two services they wished their accountants provided.

But in a new survey of 250 business owners by Bank of America's Merrill Lynch division, only 39 % said they used an expert — like a management consultant, financial adviser or commercial banker — to develop a succession plan.

What's more, while 95 percent of small businesses are organized as pass - throughs (based on 2014 Treasury Dept. data) rather than traditional C - corporations, the CNBC / SurveyMonkey Small Business Survey found the most support (68 percent) for the tax plan among C - corps — which would receive the flat corporate tax - rate reduction to 20 percent.

According to Jobvite's 2014 Social Recruiting Survey, 93 % of recruiters use or plan to use social recruiting, and 73 % plan to increase their investment in social this year.

The survey, «High - Growth Entrepreneurs Plan to Continue Growing,» found that 133 CEOs who attended the Inc. 500 5000 Conference last week are readying themselves for plenty of new hires in 2012.

Apps are now commonplace in the event planning space, and according to a Guidebook survey, 88 percent of event professionals utilizing them say they've seen an increase in the vital metric of attendee satisfaction.

«Many business owners have not made important decisions [about succession planning],» Keith Banks, president of U.S. Bank said in a video conference to discuss the survey findings.

According to the Capital One Rewards Barometer, a quarterly survey of U.S. consumers, half of respondents planning summer trips will pay at least some of their travel expenses using rewards, compared with 42 percent last year.

But a recent survey of fast - growing smaller companies shows that while most plan to sell their businesses, they also think their businesses are undervalued.

And there's this interesting tidbit too: One quarter of business executives surveyed said they are simply more effective communicating in their businesses than in their personal lives, which may factor into why so many have trouble communicating plans for passing on their businesses to family members.