Cour File No. 03-CV -252945CP SUPERIOR COURT OF JUSTICE BETWEEN: HEATHER ROBERTSON Plaintiff and

PROQUEST INFORMATION AND LEARNING LLC, CEDROM-SNI INC., TORONTO STAR NEWSPAPERS LTD., ROGERS PUBLISHING LIMITED and CANWEST PUBLICATIONS, INC. Defendants

and

VARIOUS OTHER PARTIES LISTED ON SCHEDULE "A" Third Paries and

VARIOUS OTHER PARTIES LISTED ON SCHEDULE "A" Fourh Paries

Proceeding under the Class Proceedings Act, 1992

MOTION RECORD

August 14,2009 LENCZNER SLAGHT ROYCE SMITH GRIFFIN LLP Baristers Suite 2600 130 Adelaide Street West Toronto ON M5H 3P5

J. Thomas Curr (25740V) (416) 865-3096 Marguerite Ethier (33244R) (416) 865-2979 Kristian Borg-Olivier (53041R) (416) 865-2978

Tel: (416) 865-9500 Fax: (416) 865-9010

Lawyers for the Third Parties and Fourth Paries in Schedule "B" TO: Paries and lawyers listed in Notice of Motion INDEX

Tab

1 Notice of Motion dated August 14, 2009 Cour File No. 03-CV -252945CP

ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN:

HEATHER ROBERTSON Plaintiff

and

PROQUEST INFORMATION AND LEARNING LLC, CEDROM-SNI INC., TORONTO STAR NEWSPAPERS LTD., ROGERS PUBLISHING LIMITED and CANWEST PUBLICATIONS, INC. Defendants

and

VARIOUS OTHER PARTIES LISTED ON SCHEDULE "A" Third Parties

and

VARIOUS OTHER PARTIES LISTED ON SCHEDULE "A" Fourh Paries

Proceeding under the Class Proceedings Act, 1992

NOTICE OF MOTION

The Third and Fourth paries as listed on Schedule "B" wil make a motion to Justice

Cullty, the Case Management Judge, on September 15, 2009 at 10:00 a.m. or as soon after that time as the motion can be heard, at the Courhouse at 361 University Avenue, Toronto, or such other place as the Cour may direct.

PROPOSED METHOD OF HEARING: The motion is to be heard orally. -2-

THE MOTION IS FOR:

1. An Order:

a) Declaring that the class definition as originally certified for this action in the certification order of the Honourable Justice Cullity dated October 21, 2008 (the "Certification Order") should be modified in accordance with the requirements of

subsection 5(1) of the Class Proceedings Act, 1992, S.O. 1992, c. 6, as amended (the "CPA") and must be amended; b) Amending the definition of the Plaintiff class set out in paragraph 2 of the Certification Order pursuant to subsection 10(1) of the CP A to add a new paragraph 2.A.(c) which would read as follows:

"(c) persons who provided Works to a not for profit or non- commercial publisher of Print Media which was a licensor to a defendant, and where such persons either did not

request, or did not receive, financial gain for providing such Work;"

c) Amending the definition of the Plaintiff class set out in paragraph 2.A of the Certification Order to renumber paragraph 2.A.(c) as 2.A.(d);

d) An Order decertifying and dismissing these proceedings in respect of the subclass of Plaintiffs excluded by paragraph 2.A.( c), as agreed by the paries or ordered by this Court.

2. In the alternative, an Order:

a) Amending the definition ofthe Plaintiff class in the Certification Order to include as a subclass of the Plaintiff class, all persons who were authors or creators of original literary works as defined in the amended paragraph 2.A.( c) as referred to above, who provided Works to a not for profit or non-commercial publisher of Print Media, where

those authors either did not request, or did not receive, financial gain for providing such Work, pursuant to subsection 10(1) ofthe CPA; -3-

b) To implement the amendment referred to in paragraph 2(a) herein, amending the definition of the Plaintiff class in paragraph 2 of the Certification Order by adding paragraph 2.A.(c) as defined in paragraph l(b) of this Notice of Motion and adding the following paragraph to the class definition as follows:

"2.D. A subclass comprising all persons who provided Works to a not for profit or non-commercial publisher of Print Media which was a licensor to a defendant, and where such persons either did not request, or did not receive, financial gain for providing such Work;

c) Requiring the appointment of a different representative plaintiff for the subclass of Plaintiff members defined in the proposed amended paragraph 2.D. to the Certification Order as a condition of the continued certification of this action in respect to that Plaintiff class; and

d) Continuing this class proceeding subject to the revised class definition and the appointment of a satisfactory class representative for the subclass defined in

paragraph 2.D. of the amended Certification Order.

3. Such further and other Order as counsel may advise and this Honourable Court order as may be required as a consequence of the Orders sought.

THE GROUNDS FOR THE MOTION AR:

4. This action was commenced in July 2003 as a proposed class proceeding by Heather Robertson to seek financial compensation for a class of authors whose original literary works were initially published in print media, published by the Defendants who comprise a group of commercial for profit publishers.

5. The Statement of Claim alleges that the "wealthy and powerful" Defendant commercial

publishers republished the "highly vulnerable" freelance authors' written works electronically, thereby violating the class members' copyright and moral rights in their works, and that the Defendant commercial publishers have thereby "received substantial amounts of money". -4-

6. This class proceeding was certified on consent of counsel for the commercial publishers and the Plaintiff by Certification Order dated October 21, 2008. There was no representation at that time on behalf of any non-commercial or not for profit academic, public policy, or institutional publishers.

7. The Plaintiff class, as certified in the consent Certification Order, is overly broad and includes not only professional freelance authors who wrote for the Defendant commercial publications, but also includes a class of authors who wrote for non-commercial or not for profit publications without either request for, or receipt of, financial gain. Those authors who contributed to non-commercial or not for profit publications without expectation of financial gain - typically including academics and professionals - and the journals to which they contributed their work, are entirely outside the scope ofthis action, which focuses on the alleged violation of rights of professional authors by large commercial publishers.

8. The Defendant, ProQuest Information and Learning LLC, and the Third Par ProQuest Information Access ULC, commenced Third Pary and Fourth Pary claims, respectively, against over 200 third party publishers, many of whom comprise non-commercial or not- for-profit publishers of academic, public policy and other institutional publications. Almost all of the contributors to the third pary and fourth pary publications wrote and submitted aricles without either request for, or receipt of, financial gain, apar from certain cases in which these publications paid authors small honoraria that did not suffice to cover costs or time associated with the creation of the works. Such authors impliedly licensed these non-commercial publishers to fuher disseminate their copyrighted works in fuherance of the not for profit academic, public policy, or institutional purposes of

those organizations.

9. The authors described in the preceding paragraph do not fall within the rationale of this litigation or the purposes for which the Certification Order was granted and should not be included in the Plaintiff class.

10. The criteria for certification of an action as a class proceeding set out in paragraph 5(1) of the CPA are not met with respect to those authors who wrote for nón-commercial or not -5- for profit publications without either request for, or receipt of, financial gain in the circumstances of this case, and specifically:

(a) Section 5(1)(d) is not met, since a class proceeding is not a preferable procedure

for this class in that the three principal advantages of class actions - judicial economy, access to justice, and behaviour modification - are not met and would not result in a fair, effcient and manageable method of advancing the claim of professional freelance authors like the representative plaintiff, Heather Robertson:

(i) Judicial economy is not met in that the implied license which assuredly

arises in the context of the described volunteer authors is a threshold individual issue which would have to be considered in the case of each author and each publication;

(ii) Access to justice is not satisfied as none of the authors as described would likely seek to bring claims against the non-commercial or not for profit publishers with whom they share public interest puroses for which they volunteered their written material without either request for, or receipt of,

financial gain;

(iii) Behaviour modification is not required, as the non-commercial or not-for- profit publishers should not be deterred from furthering their academic, public policy and other institutional mandates. Moreover, it is most unlikely that the contributing authors to those publications would want them to be deterred from fuhering those important mandates;

(b) Section 5(1)(e) is not met, as there is no appropriate representative plaintiff proposed for those authors who contributed content in support of the academic, public policy or other institutional goals of non-commercial or not for profit publishers. The interests of the volunteer authors are in direct conflict with those freelance commercial authors like Heather Robertson, who would not fairly and adequately represent the interests of those authors who wrote for not for profit or non-commercial publishers, paricularly in those circumstances where the authors are dues-paying members of the organization added as Third or Fourh Paries to -6-

this action. Further, there is no litigation plan that proposes a workable method in light of the over 200 third and fourth parties, many of whom are not-for-profit or non-commercial publishers;

(c) Section 5(1)(a) is not met, as the requirement of a prima facie cause of action plainly does not arise in the case of implied licenses, which overwhelmingly exist in the context of those authors who contributed their works to not for profit or non-commercial publications;

(d) Section 5(1)(c) is not met, as the common issues proposed do not advance litigation against the non-commercial or not for profit publishers by the volunteer authors as described. There is no rational connection between the claim being sought and the authors at issue in this motion. The threshold issue of whether there are actually any statutory damages to be claimed at all by these authors is not addressed by the common issues;

11. In the alternative, the Cour should establish a separate subclass of volunteer authors as defined in the proposed paragraph 2.A.( c), and require a different representative plaintiff

to instruct counsel with respect to that subclass, as a condition of the continued certification of the class proceeding with respect members of that subclass. Given the distinct differences between that subclass and the class of professional freelance authors who write for commercial publications, the criteria of s. 5(2)(a) to (c) require that an alternative representative plaintiff be found;

12. Sections 5,8 and 10 of the Class Proceedings Act, 1992 S.O. 1992, c. 6, as amended;

13. Sections s. 3, 5, 6, 13,27, and 34 of the Copyright Act Chapter C-42, as amended;

14. Rule 21 of the Rules of Civil Procedure;

15. Such further and other grounds as counsel may advise and this Honourable Cour permit. -7-

THE FOLLOWING DOCUMENTARY EVIDENCE wil be used at the hearing of the

Motion:

16. The Affdavits as set out in SCHEDULE "C" to the Notice of Motion of those certain third and fourth paries represented by Davis LLP, and the exhibits attached thereto;

17. The Affidavit of Daniel Glover, dated August 13,2009, included in the Motion Record of those certain third and fourh paries represented by McCarthy Tetrault LLP;

18. The pleadings herein; and

19. Such fuher and other material as counsel may advise and this Honourable Cour may permit.

August 14, 2009 LENCZNER SLAGHT ROYCE SMITH GRIFFIN LLP Baristers Suite 2600 130 Adelaide Street West Toronto ON M5H 3P5

J. Thomas Cur (25740V) (416) 865-3096 Marguerite Ethier (33244R) (416) 865-2979 Kristian Borg-Olivier (53041R) (416) 865-2978

Tel: (416) 865-9500 Fax: (416) 865-9010

Lawyers for the Third Parties and Fourth Paries in Schedule "B" -8-

TO: KOSKIE MINSKY LLP Suite 900 - 20 West Toronto, ON M5H 3R3

Kirk Baert Tel: (416) 977-8353 Fax: (416) 977-3316

Lawyers for the Plaintiff

AND TO: CAMERON MacKENDRICK Suite 410 -150 York Street Toronto, ON M5H 3S5

Donald Cameron Christina Capone Settimi Chad Matheson Tel: (416) 364-1700 Fax: (416) 364-1712

Lawyers for the Defendant, Pro Quest Information and Learing LLC and the Third Pary, Pro Quest Information Access ULC

AND TO: FASKEN MARTINEAU Suite 3400 - Stock Exchange Tower 800 Place Victoria Montreal, Quebec

Julie Desrosier Tel: (514) 397-7400 Fax: (514) 397-7600

Lawyers for the Defendant, CEDROM-SNI Inc. -9-

AND TO: BLAKE CASSELS GRAYDON LLP Suite 2800 - Commerce Cour West 199 Bay Street Toronto, ON M5L lA9

Paul B. Schabas Tel: (416) 863-2400 Fax: (416) 863-2653

Lawyers for the Defendant, Toronto Star Newspaper Ltd.

AND TO: TORYSLLP Suite 3000 - Toronto Dominion Centre 79 Wellngton Street West Toronto, ON M5K IN2

Wendy Matheson Andrew Bernstein Tel: (416) 865-8133/(416) 865-7678 Fax: (416) 865-7380

Lawyers for for Thomson Reuters Canada Limited and Rogers Publishing Limited

AND TO: LENCZNER SLAGHT ROYCE SMITH GRIFFIN LLP Suite 2600 - 130 Adelaide Street West Toronto, ON M5H 3P5

Alan J. Lenczner, Q.C. Tel: (416) 865-9500 Fax: (416) 865-9010

Lawyers for the Defendant, Canwest Publications Inc.

AND TO: DAVISLLP Suite 5600 - 1 First Canadian Place Toronto, ON M5X lE2

Peter Jervis (LSUC #22774A) Tel: 416.365.3506 Fax: 416.369.5203

David Foulds (LSUC #38217J) Tel: 416.941.5392 Fax: 416.777.7414 -10-

Lawyers for Alternatives Joural (University of Waterloo), Association for the Study of Humor, Ban of Canada, Canada Wide Magazine, Canadian Association for Latin American and Caribbean Studies, Canadian Association of Radiologists, Canadian Association for Social Work Education (formerly known as Canadian Association of Schools of Social Work), Canadian Centre for Policy Alternatives, Canadian Chiropractic Association, Canadian Institute of Mining, Metallurgy and Petroleum, Canadian Joural of Philosophy, Canadian Tax Foundation, Entomological Society of Canada, Estey Centre for Law and Economics in International Trade, Institute of Charered Accountants of British Columbia, Ontario Historical Society, Registered Nurses Association of British Columbia, Stanversal Publishing, The Canadian Society of Respiratory Therapists, Canada's National History Society, Canadian Association of University Teachers, Canadian

COmiittee on Labour History, Canadian Council of Teachers of English Language Arts, Canadian Nature Federation, CM Board (Manitoba Library Association), Legal Resource Centre of Canada, Mennonite Publishing Service, Presbyterian Church in Canada, University of Waterloo

AND TO: MCCARTHY TÉTRAULT LLP Suite 5300, Toronto Dominion Ban Tower Toronto ON M5K lE6

Willam Black LSUC#: 29774I Tel: 416-601-7972

Steven G. Mason LSUC#: 35989R Tel: 416-601-7703

Daniel G.C. Glover LSUC#: 522540 Tel: 416-601-8069 Fax: 416-868-0673

Lawyers for Canadian Association of Occupational Therapists Canadian Music Educators Association, Canadian Psychoanalytic Society Canadian Society for the Study of Education, Fraser Institute,

University of British Columbia, Canadian Anthropology Society (successor to the named pary Wilfrid Laurier University Deparment of Sociology and Anthropology), CCH Canadian Ltd., CLB Media Inc. (successor to the named paries Action Communications Inc. and Clifford Ellott and Associates Limited) Canadian Region of the Commonwealth Parliamentar Association, Physical and Health Education Canada (successor to the named pary Canadian Association for Health, Physical Education, Recreation and Dance), Simon Fraser University Deparment of English, Wilfrid Laurier University Department of Sociology and Anthropology

AND TO: O'DONNELL, ROBERTSON & SANFILIPPO Eighth Floor, Box 99 -11-

One Queen Street East Toronto, ON M5C 2W5

Stuar M. Robertson Tel: (416) 214-0606 Fax: (416) 214-0605

Lawyers for N orthem News Services Ltd. (The Yellowknifer), Municipal World

Inc., University of Toronto Press, Northern Ontario Business, Canadian Press, Canadian Jewish News, Edmonton Joural

AND TO: ROBERTSON STROMBERG PEDERSEN LLP 600-105-21 st Street East Saskatoon, SK S7K OB3

Reynold A. Robertson, Q.c. Tel: (306) 933-1348 Fax: (306) 652-2445

Lawyers for Operating Room Nurses Association of Canada

AND TO: BERSENAS JACOBSEN CHOUEST THOMSON BLACKBURN LLP 201 - 33 Yonge Street Toronto, ON M5E IG4

Peter M. Jacobsen/Carlos P. Marins Tel: (416) 982-3803 Fax: (416) 982-3801

Lawyers for Canadian Medical Association

AND TO: STIEBER BERLACH LLP 900 - 130 Adelaide Street West Toronto, ON M5H 3P5

Elizabeth Bowker Tel: (416) 594-4677 Fax: (416) 366-1466

Lawyers for Canadian Baners' Association, Canadian Society for Clinical Investigation, Queen's University, University of Alberta, Health Law Institute

AND TO: SHIBLEY RIGHTON LLP 700 - 250 University Avenue Toronto, ON M5H 3E5 -12-

James E. Minns Tel: (416) 214-5259 Fax: (416) 214-5459

Lawyers for the Fourh Paries, Canadian Education Association and Ontario Public School Boards' Association

AND TO: BLAKENEY HENNEBERRY MURPHY & GALLIGAN 8 King Street East, Suite 1501 Toronto, ON M5C IB5

Wiliam J. Blakeney Tel: (416) 408-4400 Fax: (416) 408-4900

Lawyers for the Jesuits of Upper Canada Province

AND TO: LANG MICHENER LLP Solicitors - Patent and Trade Mark Agents Suite 2500, Brookfeld Place 181 Bay Street Toronto, ON M5J 2T7

Peter E. J . Wells Tel: (416) 307-4007 Fax: (416) 304-3760

Lawyers for Canadian Institute of Charered Accountants

AND TO: LANG MICHENER LLP Baristers & Solicitors 300 - 50 O'Connor Street , ON KIP 6L2

MICHAEL RANKIN 613-232-7171 (Telephone) 613-231-3139 (Facsimile)

Lawyers for Canadian Foreign Policy

AND TO: NELLIGAN O'BRIEN PAYNE LLP 1500 - 50 O'Connor Street Ottawa, ON KIP 6L2

Raymond A. Muray Joseph Griffiths Tel: (613) 231-8305 Fax: (613) 788-2357 -13-

Lawyers for the Canadian Public Health Association

AND TO: OSLER, HOSKIN & HARCOURT LLP P.O. Box 50 6100 - 1 First Canadian Place Toronto, ON M5X IB8

Andrea Laing Tel: (416) 862-4870 Fax: (416) 862-6666

Lawyers for the Conference Board of Canada and the Association of Universities and Colleges of Canada

AND TO: STEW ART McKELVEY Suite 900 Purdy's Wharf Tower One 1959 Upper Water Street Halifax, NS B3J 3N2

J. Andrew Fraser Tel: (902) 420-3390 dir Fax: (902) 420-1417

Lawyers for Pearson Peacekeeping Centre

AND TO: MAC MAC & MAC Macintosh, MacDonnell & MacDonald Aberdeen Business Centre 260 - 610 East River Road New Glasgow, Nova Scotia B2H 5E5

David Wallace Tel: (902) 752-8441 Fax: (902) 752-7810

Lawyers for St Francis Xavier University

AND TO: TRENT UNIVERSITY 1600 West Ban Drive Peterborough, ON K9J 7B8

Lon Knox, B.A. LLB General Counsel Tel: (705) 748-1223 Fax: (705) 748-1246

Lawyers for Trent University -14-

AND TO: BORDEN LADNER GERVAIS LLP Baristers and Solicitors Scotia Plaza 40 King Street West TORONTO, ON M5H 3Y4

BARRY GLASPELL 416-367-6104 (Telephone) 416-367-6749 (Facsimile)

Lawyers for the Centre for Addiction and Mental Health

AND TO: BLANEY MCMURTRY LLP Baristers and Solicitors 1400 - 20 Queen Street West TORONTO, ON M5H 2V3

PETER F. KAPPELL 416-596-3936 (Telephone) 416-593-5437 (Facsimile)

Lawyers for the Pulsus Group

AND TO: AIRD & BERLIS LLP Barristers and Solicitors BCEPlace 1800 - 181 Bay Street TORONTO, ON M5J 2T9

Howard W. Winkler 416-865-3062 (Telephone) 416-863-1515 (Facsimile)

Lawyers for Toronto Life Publishing

AND TO: BARRY GARNET, PRESIDENT First Reference Inc. 1 - 50 Viceroy CONCORD, ON L4K 3A7

AND TO: HALIFAX HERALD LTD. 2717 Joseph Howe Drive P.O. Box 610 Halifax, NS B3J 2T2

AND TO: BLACK PRESS LTD. (RED DEER ADVOCATE) 2950 Bremner Ave. Red Deer, AB T4R IM9 -15-

AND TO: LES ÉDITIONS DE L'ACADIE NOUVELLE (1984) LTÉE 476, bouL. Saint-Pierre Ouest Caraquet, Nouveau-Bruswick EIW lA3

AND TO: BRUNSWICK NEWS INC. 939 Main Street Moncton, NB E 1 C 8P3

AND TO: ABORIGINAL NURSES ASSOCIATION OF CANADA 502-56 Ottawa, ON KIP 5A9

AND TO: ACTA PRESS 2509 Dieppe Ave., S.W. Bldg B-6, Suite 101 Calgary, AB T3E 7J9

AND TO: ADMINISTRATIVE SCIENCES ASSOCIATION OF CANADA DeGroote School of Business McMaster University 1280 Main Street W. Hamilton, ON L8S 4M4

AND TO: AFRICA LA W INSTITUTE 240 Sparks Street P.O. Box 55062 RPO Sparks Street Ottawa, ON KIP lAl

AND TO: ALBERTA ASSOCIATION OF REGISTERED NURSES 11620 - 168 Street NW Edmonton, AB T5M 4A6

AND TO: ANGLICAN CHURCH OF CANADA 80 Hayden Street Toronto, ON M4Y 3G2

AND TO: APPRAISAL INSTITUTE OF CANADA 203 - 150 Isabella Street Ottawa, ON KIF IV7

AND TO: BAXTER PUBLISHING CO. 310 Dupont Street Toronto, ON M5R 1 V9

AND TO: BELL-NORTHERN RESEARCH LTD. c/o Nortel Corporate Headquarers -16-

195 The West Mall Toronto, ON M9C 5Kl

AND TO: CANADA AND THE WORLD Box 22099 Westmount Postal Outlet Waterloo, ON N2L 6J7

AND TO: CANADIAN ASSOCIATION FOR BUSINESS ECONOMICS 500 -111 Sparks Street Ottawa, ON KIP 5B5

AND TO: CANADIAN ASSOCIATION FOR BUSINESS EDUCATION 204 - 260 Dalhousie Street Ottawa, ON KIN 7E4

AND TO: CANADIAN ASSOCIATION OF AFRICAN STUDIES

University of Toronto 2 Sussex Avenue Toronto, ON M5S U5

AND TO: CANADIAN BIOTECH NEWS 20 Stonepark Lane Nepean, ON K2H 9P4

AND TO: CANADIAN CONSUMER INC. P.O. Box 9300 Ottawa, ON Kl G 3T9

AND TO: CANADIAN DISARMAMENT INFORMATION SERVICE 206 - 258 Wallace Ave. Toronto, ON M6P 3M9

AND TO: CANADIAN ETHNIC STUDIES ASSOCIATION University of Calgary 301H Isbister Building Winnipeg, MB R3T 2N2

AND TO: CANADIAN GEOGRAPHIC ENTERPRISES 200 - 1155 Lola Street Ottawa, ON Kl S 5B6

AND TO: CANADIAN INSTITUTE OF INTERNATIONAL AFFAIRS Glendon College 302 - 205 Richmond Street West Toronto, ON M5V 1 V3 -17-

AND TO: CANADIAN INSTITUTE OF MANAGEMENT 15 Coller Street, Lower Level Barie, ON L4M IG5

AND TO: CANADIAN INSTITUTE OF UKRINIAN STUDIES University of Alberta 352 Athabasca Hall Edmonton, AB T6G 2E8

AND TO: CANADIAN LIBRAY ASSOCIATION 328 Fran Street Ottawa, ON K2P OX8

AND TO: CANADIAN NURSES ASSOCIATION 50 Driveway Ottawa, ON K2P lE2

AND TO: CANADIAN PSYCHOLOGICAL ASSOCIATION 702 - 141 West Ottawa, ON KIP 5J3

AND TO: CANADIAN REVIEW OF SOCIAL POLICY, YORK UNIVERSITY York University 2044 Kinsmen Bldg., 4700 Keele Street Toronto, ON M3J IP3

AND TO: CANADIAN SHAROWNER MAGAZINE INC. 806 - 4 King Street West Toronto, ON M3J IP3

AND TO: CANADIAN SOCIETY FOR TRADITIONAL MUSIC P.O. Box 4232, Station C Calgary, AB T2T 5Nl

AND TO: CANADIAN SOCIOLOGY AND ANTHROPOLOGY ASSOCIATION Concordia University 1455 Blvd de Maisonneuve Montreal, QC H3G IM8

AND TO: CANADIAN SPEECHES P.O. Box 250 Woodvile, ON KOM 2TO

AND TO: CANADIAN TREASURY MANAGEMENT REVIEW South Tower - 9th Floor Royal Ban Plaza Toronto, ON M5J 2J5 -18-

AND TO: CANADIAN WOMEN'S HEALTH NETWORK 203 - 419 Graham Avenue Winnipeg, MB R3C OM3

AND TO: CARSWELL PUBLISHING 2075 Kennedy Road Scarborough, ON MIT 3V4

AND TO: CENTER FOR BIOETHICS 110 Des Pins Avenue West Montreal, QC H2W lR7

AND TO: CENTRE FOR COMMUITY ENTERPRISE S-142 C-14 9777 Somers Road Port Alberni, BC V9Y 8N9

AND TO: CENTRES OF EXCELLENCE FOR WOMEN'S HEALTH Canadian Women's Health Network 419 Graham Avenue Winnipeg, MB R3C OM3

AND TO: CINEACTIONl 40 Alexander Street, Apt. 705 Toronto, ON M4Y IB5

AND TO: CITIZENS FOR PUBLIC JUSTICE 311- 229 College Street Toronto, ON M5T lR4

AND TO: CLASSICAL ASSOCIATION OF CANADA Trinity College University of Toronto 6 Hoskin Avenue Toronto, ON M5 S IH8

AND TO: COMMUNICATION ENG 209 - 5726 Sherbrooke Street West Montreal, QC H4A LW8

AND TO: CRAILER COMMUNICATIONS 360 Dupont Street Toronto, ON M5R 1 V9

AND TO: DECKER PERIODICALS, INC. 20 Hughson Street, S. 10th Floor P.O. Box 620, Stn. LCD 1 Hamilton, ON L8N 3K7 -19-

AND TO: ECWPRESS 200 - 2120 Queen Street East Toronto, ON M4E lE2

AND TO: EQUALITY ENTERPRISES P.O. Box 4617 Stn. E Ottawa, ON KlS 5H8

AND TO: ENTOMOLOGICAL SOCIETY OF BRITISH COLUMBIA c/o Pacific Forestry Centre 506 West Burside Road Victoria, BC V8Z IM5

AND TO: EVERT COMMUICATIONS LTD. 1800 - 160 Ottawa, ON K2P 2C4

AND TO: FIREWEED INC. 24 Ryerson Avenue Toronto, ON M5T 2P3

AND TO: GRADUATE CENTRE FOR STUDY OF DRAMA

University of Toronto 214 College Street, 3rd Floor Toronto, ON M5T 2Z9

AND TO: GREEN TEACHER 95 Robert Street Toronto, ON M5S 2K5

AND TO: HERIZONS MAGAZINE, INC. P.O. Box 128 Winnipeg, MB R3C 2G 1

AND TO: HUMAN RIGHTS INTERNET 302 - 8 York Street Ottawa, ON KIN 5S5

AND TO: INANNA PUBLICATIONS & EDUCATION INC. 210 Founders College York University 4700 Keele Street Toronto, ON M3J IP3

AND TO: INDUSTRY CANADA 69 Sparks Street Ottawa, ON KIP 5A5 -20-

AND TO: INFORMATION TECHNOLOGY RESEARCH GROUP, INC. 602 Queens Avenue London, ONN6B LY8

AND TO: INITIATIVES FOR WOMEN'S HEALTH, INC. 419 Graham Avenue, Main Floor Winnipeg, MB R3C OM3

AND TO: INROADS, INC. 37777 Kent Avenue, Suite A Montreal, QC H3S IN4

AND TO: INSTITUTE FOR URBAN STUDIES 103 - 520 Portage Avenue Winnipeg, MB R3C OG2

AND TO: INTERNATIONAL COUNCIL FOR ADULT EDUCATION Humber Institute of Technology and Advanced Learning

School of Media Studies and Information Technology 205 Humber College Blvd. Toronto, ON M9W 5L 7

AND TO: IR RESEARCH SERVICES P.O. Box 1092 Kingston, ON K7L 4Y5

AND TO: JAN GAR PUBLICATIONS, INC. 11966 Woodbine Avenue Gormley, ON LOH 1 GO

AND TO: JCFT FOREST COMMUICATIONS 90 Morgan, Unit 14 Baie d'Urfe, QC H9X 3A8

AND TO: KEN HAYCOCK & ASSOCIATES 101 - 1001 West Broadway, Suite 962 Vancouver, BC V6H 4E4

AND TO: LAURENTIAN TECHNOMODIA INC. 302 - 55 Town Centre Court Scarborough, ON MIP 4X4

AND TO: LA V AL UNIVERSITY Department des Relations Industrielles Pavilion J.-A. DeSeve Quebec, QC G 1 K 7P4 -21-

AND TO: LITERARY REVIEW OF CANADA 3A - 581 Markham Street Toronto, ON M6G 2L 7

AND TO: MACLEAN-HUNTER BUSINESS PRODUCTIONS 777 Bay Street - 5th Floor Toronto, ON M5W lA7

AND TO: MANITOBA BUSINESS MAGAZINE (1966) LTD. 508 - 294 Portage Avenue Winnipeg, MB R3C OB9

AND TO: MANITOBA HISTORICAL SOCIETY 61 Carlton Street Winnipeg, MB R3C IN7

AND TO: NEW INTERNATIONALIST CO-OPERATIVE 393 - 401 Richmond Street West Toronto, ON M5V 3A8

AND TO: NORTHERN STAR COMMUICATIONS LIMITED 5th Floor, 900 - 6th Avenue, S. W. Calgary, AB T2P 3K2

AND TO: OPTIMIST 503 Hanson Street Whitehorse, YK YIA 1 Y9

AND TO: OUR TIMES PUBLISHING INC. 407 - 15 Gervais Drive Toronto, ON M3C 1 Y8

AND TO: PEGASUS PUBLISHING INC. BOA Cree Crescent Winnipeg, MB R3J 3WL

AND TO: PEREGRIA PUBLISHING COL. 17 Woodside Avenue Toronto, ON M6P lL6

AND TO: PERFORMING ARTS & ENTERTAINMENT IN CANADA 104 Glenrose Avenue Toronto, ON M4T lK8

AND TO: QUARRY PRESS P.O. Box 1061 Kingston, ON K7L 4 Y5 -22-

AND TO: RESOURCES FOR FEMINIST RESEARCH, UNIVERSITY OF TORONTO 100 - 252 Bloor Street Toronto, ON M5 S IV6

AND TO: SCANDINAVIAN PRESS 1294 West 7th Avenue Vancouver, BC V6H IB6

AND TO: STATISTICS CANADA Housing Family and Social Statistics Division 9th Floor, RH Coats Building Ottawa, ON KIA OT6

AND TO: STONE AND COX, LTD. 500 -111 Peter Street Toronto, ON KIA OT6

AND TO: STYLE COMMUNICATIONS, INC. c/o Canadian Jeweller 1106 - 60 Bloor Street West Toronto, ON M4W 3B8

AND TO: SUNRISE PUBLISHING LTD. 2213 C Hanselman Cour Saskatoon, SK S7L 6A8

AND TO: UNITED WESTERN COMMUNICATIONS LTD. 10441 - 178 Street, N.W. Suite 208 Edmonton, AB T5S lR5

AND TO: WYNDHAM WISE 70 Cambridge Avenue, Apt. 1233 Toronto, ON M4K 2L5

AND TO: YOUNGBLOOD PUBLISHING LTD. 404 - 4580 Dufferin Street North York, ON M3H 5Y2

AND TO: ALBERTA TEACHERS' ASSOCIATION Barett House 11010-142 St. Edmonton AB T5N 2Rl

AND TO: ARTS MANITOBA PUBLICATIONS INC. 70 Arhur St Suite 505 Winnipeg, MB, R3B 1 G7 -23-

AND TO: ASSOCIATION OF CANADIAN STUDIES 1822-A Sherbrooke W. Montreal, PQ H3H lE4

AND TO: ATLANTIC PROVINCES ECONOMIC COUNCIL 1 Sackvile Place Halifax, NS, B3J 1 Kl

AND TO: AVID MEDIA INC. 340 Ferrier St. Suite 210 Markham, ON L3R 2Z5

AND TO: BISHOP'S UNIVERSITY EASTERN TOWNSHIPS RESEARCH CENTRE 2600 College St Sherbrooke, QC, JIM LZ7

AND TO: BRIARPATCH INC. 2138 McIntyre St Regina, SK, S4P 2R7

AND TO: BRITISH COLUMBIA HISTORICAL NEWS, BRITISH COLUMBIA HISTORICAL FEDERATION PO Box 5254 Station B Victoria BC V8R 6N4

AND TO: BRITISH COLUMBIA REPORT MAGAZINE INC. 500-70 Arhur St. Winnipeg, MB, R3B IG7

AND TO: CANADIAN INDEPENDENT FILM & TELEVISION PUBLISHING ASSOCIATION 283 Danforth Ave, Suite 482 Toronto, ON M4K IN2

AND TO: CANADIAN ART 215 Spadina Avenue, Suite 320 Toronto, ON, M5T 2C7

AND TO: CANADIAN ASSOCIATION OF JOURNALISTS Algonquin College 1385 Woodroffe Avenue B224 Ottawa, ON, K2G IV8

AND TO: CANADIAN REVIEW OF BOOKS LTD. 6021 Yonge St., Suite 1014 Toronto, ON, M2M 3W2 -24-

AND TO: CF COMMUICATIONS FOR INVESTORS ASSOCIATION OF CANADA 1 Dundas Street West, Suite 2500 Box 84 Toronto, ON M5G LZ3

AND TO: CHMM INC HAZMAT MANAGEMENT MAGAZINE 12 Concorde Place, Suite 800 Toronto, ON, M3C 4J2

AND TO: CITY MAGAZINE 18-439 University Ave. Toronto, ON, M5G 1 Y8

AND TO: CMDGROUP 100 Laurier Street PO 3100, Station B Hull, QC, J8X 4H2

AND TO: COMMUNITY ACTION 41 Marbury Cres. Don Mils, ON, M3A 2G3

AND TO: EARTHKEEPER INC. 100 Crimea St. Suite B5, Guelph, ON NIH 2Y6

AND TO: ECODECISION 119 Saint-Joseph Blvd. W. Montreal, QC, H2P 2P7

AND TO: ECWPRESS 2120 Queen St East, Suite 200 Toronto, ON M4E lE2

AND TO: GOVERNMENT INFORMATION IN CANADA 10006-101 Street, PO Box 2421 Edmonton, AB, T5J 2S6

AND TO: HILL TIMES PUBLISHING INC. 69 Sparks St. Ottawa, ON KIP 5A5

AND TO: IN 2 PRIT P.O. Box 102 Port Colboure, ON, L3K 5V7 -25-

AND TO: INUIT TAPIRISAT 170 Laurier Street West Suite 510, Ottawa, ON KIP 5V5

AND TO: NEW CATHOLIC TIMES 14 Little Forks Square St. Catherines, ON, L2N 5R8

AND TO: NEW MARITIMES EDITORIAL COUNCIL 6106 Lawrence Street, Halifax, NS B3 L 1 J 6

AND TO: ONTARIO FILM ASSOCIATION 3-1750 The Queensway Suite 1341 Etobicoke, Ontario M9C 5H5

AND TO: OUR TIMES PUBLISHING INC. 15 Gervais Dr Suite 407 Toronto, ON, M3C 1 Y8

AND TO: PEACE RESEARCH PO Box 1061 Kingston, ON, K7L 3Rl

AND TO: PELICAN ISLAND INFORMATION McGil Queen's University Press Queen's University Kingston, ON, K7L 3N6

AND TO: QUILL AND QUIRE St. Joseph Corporation 50 MacIntosh Blvd. Concord ON L4K 4P3

AND TO: SIL V AN COMMUNICATIONS 2355 Skymark Avenue Suite 300 Mississauga, ON L4W 4Y6

AND TO: STUDIA CANONICA St. Paul University 223 Main, Ottawa, ON, KIS LC4

AND TO: SUNRISE PUBLISHING LTD. 2213 C Hanselman Cour Saskatoon, SK S7L 6A8

AND TO: THIS MAGAZINE 401 Richmond Street W, #396 Toronto, ON, M5V 3A8 -26-

AND TO: UNITED WESTERN COMMUNICATIONS LTD. 10441 178 St NW Suite 203 Edmonton, AB T5S lR5

AND TO: UNIVERSITY OF NEW BRUNSWICK PO Box 4400 Stn A Fredericton, NB, E3B 5A3 -27-

SCHEDULE "A"

ONTARIO SUPERIOR COURT OF JUSTICE

Parties added in Third Party Claim 03-CV -252945CP A2

NORTHERN NEWS SERVICES LTD. (THE YELLOWKIFER)

HALIFAX HERALD LTD. BLACK PRESS LTD. (RED DEER ADVOCATE) THOMSON CANADA LIMITED (WINIPEG FREE PRESS) LES ÉDITIONS DE L' ACADIE NOUVELLE (1984) LTÉE BRUNSWICK NEWS INC.

Party added in Third Party Claim 03-CV -252945CPOB

PROQUEST INFORMATION ACCESS LLC

Parties added in Third Party Claim 03-CV-252945CP OC

ABORIGINAL MULTI-MEDIA SOCIETY, ABORIGINAL NURSES ASSOCIATION OF CANADA, ACTA PRESS, ADMINISTRATIVE SCIENCES ASSOCIATION OF CANADA, AFRICA LAW INSTITUTE, ALBERTA ASSOCIATION OF REGISTERED NURSES, ALTERNATIVES JOURNAL (UNIVERSITY OF WATERLOO), ANGLICAN CHURCH OF CANADA, APPRAISAL INSTITUTE OF CANADA, ASSOCIATION FOR THE STUDY OF HUMOR, ASSOCIATION OF UNIVERSITIES AND COLLEGES OF CANADA, BANK OF CANADA, BAXTER PUBLISHING CO., BECKER ASSOCIATES, BELL-NORTHERN RESEARCH LTD., BRANDON UNIVERSITY, CANADA AND THE WORLD, CANADA WIDE MAGAZINE, CANADIAN ASSOCIATION OF OCCUPATIONAL THERAPISTS, CANADIAN ASSOCIATION FOR BUSINESS ECONOMICS, CANADIAN ASSOCIATION FOR DISTANCE EDUCATION, CANADIAN ASSOCIATION FOR LATIN AMERICAN AND CARIBBEAN STUDIES, CANADIAN ASSOCIATION OF AFRICAN STUDIES, CANADIAN ASSOCIATION OF NEPHROLOGY NURSES AND TECHNOLOGISTS, CANADIAN ASSOCIATION OF RADIOLOGISTS, CANADIAN ASSOCIATION OF SCHOOLS OF SOCIAL WORK, CANADIAN ASSOCIATION OF SLAVISTS, CANADIAN BANKERS' ASSOCIATION, CANADIAN BIOTECH NEWS, CANADIAN BROADCASTING CORPORATION, CANADIAN CENTRE FOR POLICY ALTERNATIVES, CANADIAN CHIROPRACTIC ASSOCIATION, CANADIAN CONSUMER INC., CANADIAN DISARMMENT INFORMATION SERVICE, CANADIAN ETHNIC STUDIES ASSOCIATION, CANADIAN FOREIGN POLICY, CANADIAN GEOGRAPHIC ENTERPRISES, CANADIAN IMPERIAL BANK OF COMMERCE, CANADIAN INSTITUTE OF CHARTERED -28-

ACCOUNTANTS, CANADIAN INSTITUE OF INTERNATIONAL AFFAIRS, CANADIAN INSTITUE OF MANAGEMENT, CANADIAN INSTITUTE OF MINING, METALLURGY AND PETROLEUM, CANADIAN INSTITUTE OF UKRINIAN STUDIES, CANADIAN JOURNAL OF COMMUICATIONS CORPORATION, CANADIAN JOURNAL OF FAMILY LAW, CANADIAN JOURNAL OF HISTORY, CANADIAN JOURNAL OF PHILOSOPHY, CANADIAN LIBRARY ASSOCIATION, CANADIAN MEDICAL ASSOCIATION, CANADIAN MUSIC EDUCATORS ASSOCIATION, CANADIAN NURSES ASSOCIATION, CANADIAN PSYCHOANALYTIC SOCIETY, CANADIAN PSYCHOLOGICAL ASSOCIATION, CANADIAN PUBLIC HEALTH ASSOCIATION, CANADIAN REVIEW OF SOCIAL POLICY (YORK UNIVERSITY), CANADIAN SHAREOWNER MAGAZINE INC., CANADIAN SOCIETY FOR CLINICAL INVESTIGATION, CANADIAN SOCIETY FOR THE STUDY OF EDUCATION, CANADIAN SOCIETY FOR TRADITIONAL MUSIC, CANADIAN SOCIOLOGY AND ANTHROPOLOGY ASSOCIATION, CANADIAN SPEECHES, CANADIAN TAX FOUNDATION, CANADIAN TREASURY MANAGEMENT REVIEW, CANADIAN WOMEN'S HEALTH NETWORK, CARSWELL PUBLISHING, CENTER FOR BIOETHICS, CENTRE FOR COMMUNITY ENTERPRISE, CENTRES OF EXCELLENCE FOR WOMEN'S HEALTH, CINEACTION!, CITIZENS FOR PUBLIC JUSTICE, CLASSICAL ASSOCIATION OF CANADA, COMMUNICATION ENG, CONFERENCE BOARD OF CANADA, CRAILER COMMUNICATIONS, DECKER PERIODICALS, INC., DIMENSION PUBLISHING INC., ECW PRESS, ENTOMOLOGICAL SOCIETY OF BRITISH COLUMBIA, ENTOMOLOGICAL SOCIETY OF CANADA, EQUALITY ENTERPRISES, ESTEY CENTRE FOR LAW AND ECONOMICS IN INTERNATIONAL TRADE, EVERT COMMUNICATIONS LTD., FILM STUDIES ASSOCIATION OF CANADA, FIREWEED INC., FRASER INSTITUTE, GRADUATE CENTRE FOR STUDY OF DRAMA, GREEN TEACHER, GROUPE CTT GROUP, HEALTH LAW INSTITUTE (UNIVERSITY OF ALBERTA), HERIZONS MAGAZINE, INC., HUMAN RIGHTS INTERNET, INANNA PUBLICATIONS & EDUCATION INC., INDUSTRY CANADA, INFORMTION TECHNOLOGY RESEARCH GROUP, INC., INITIATIVES FOR WOMEN'S HEALTH, INC., INROADS, INC., INSTITUTE FOR URBAN STUDIES, INSTITUTE OF CHARTERED ACCOUNTANTS OF BRITISH COLUMBIA, INTERNATIONAL COUNCIL FOR ADULT EDUCATION, IR RESEARCH SERVICES, JANGAR PUBLICATIONS INC., JCFT FOREST COMMUNICATIONS, KEN HAYCOCK AND ASSOCIATES, LAURENTIAN TECHNOMEDIA INC., LA V AL UNIVERISTY, LITERARY REVIEW OF CANADA, MACLEAN- HUNTER BUSINESS PRODUCTIONS, MANITOBA BUSINESS MAGAZINE (1966) LTD., MANITOBA HISTORICAL SOCIETY, MCGILL UNIVERSITY FACULTY OF EDUCATION, MOSAIC (UNIVERSITY OF MANITOBA), MUNICIP AL WORLD INC., NEW INTERNATIONALIST CO-OPERATIVE, NORTHERN ONTARIO BUSINESS, NORTHERN STAR COMMUNICATIONS LIMITED, ONTARIO HISTORICAL SOCIETY, -29-

OPERA CANADA PUBLICATIONS, OPERATING ROOM NURSES ASSOCIATION OF CANADA, OPTIMST, OUR TIMES PUBLISHING INC., PEARSON PEACEKEEPING CENTRE, PEGASUS PUBLISHING INC., PEREGRIA PUBLISHING COL., PERFORMING ARTS & ENTERTAINMENT IN CANADA, PULSUS GROUP INC., QUADRANT EDUCATIONAL ENTERPRISES INC., QUARRY PRESS, QUEEN'S UNIVERSITY, REGISTERED NURSES ASSOCIATION OF BRITISH COLUMBIA, RESOURCES FOR FEMINIST RESEARCH (UIVERSITY OF TORONTO), SCANDINAVIAN PRESS, SEGUE ESPRIT, INC., ST FRANCIS XAVIER UNIVERSITY, STANVERSAL PUBLISHING, STATISTICS CANADA, STONE AND COX, LTD., STYLE COMMUNICATIONS, INC., SUNRISE PUBLISHING LTD., THE CANADIAN SOCIETY OF RESPIRATORY THERAPISTS, THE SEX INFORMATION AND EDUCATION COUNCIL OF CANADA, TORONTO LIFE PUBLISHING COMPANY, TOURISM BRITISH COLUMBIA, TRENT UNIVERSITY, UNITED WESTERN COMMUNICATIONS LTD., UNIVERSITY OF ALBERTA, UNIVERSITY OF BRITISH COLUMBIA, UNIVERSITY OF CALGARY, UNIVERSITY OF SASKATCHEWAN DEPARTMENT OF RELIGION, UNIVERSITY OF TORONTO FACULTY OF MEDICINE, UNIVERSITY OF TORONTO PRESS, UNIVERSITY OF WESTERN ONTARIO SCHOOL OF BUSINESSS, WYNDHAM WISE, YOUNGBLOOD PUBLISHING LTD.

Parties added in Fourth Party Claim 03-CV-252945CP OD ACTION COMMUICATIONS INC., ALBERTA TEACHERS' ASSOCIATION, ARTS MANITOBA PUBLICATIONS INC., ASSOCIATION OF CANADIAN STUDIES, ATLANTIC PROVINCES COMMUICATIONS COUNCIL, AVID MEDIA INC., BISHOP'S UNIVERSITY, BRIARPATCH INC., BRITISH COLUMBIA HISTORICAL NEWS (BRITISH COLUMBIA HISTORICAL FEDERATION), BRITISH COLUMBIA REPORT MAGAZINE INC., C.D. HOWE INSTITUTE, CANADIAN INDEPENDENT FILM & TELEVISION PUBLISHING ASSOCIATION, CANADA'S NATIONAL HISTORY SOCIETY, CANADIAN ART, CANADIAN ASSOCIATION FOR HEALTH, PHYSICAL EDUCATION, RECREATION AND DANCE, CANADIAN ASSOCIATION OF JOURNALISTS, CANADIAN ASSOCIATION OF UNIVERSITY TEACHERS, CANADIAN COMMITTEE ON LABOUR HISTORY, CANADIAN COUNCIL OF TEACHERS OF ENGLISH LANGUAGE ARTS, CANADIAN EDUCATION ASSOCIATION, CANADIAN INDUSTRIAL INOV ATION CENTRE, CANADIAN JEWISH NEWS, CANADIAN NATURE FEDERATION, THE CANADIAN PRESS, CANADIAN REGIONAL COMMONWEALTH PARLIAMENTARY ASSOCIATION, CANADIAN REVIEW OF BOOKS LTD., CANADIAN SOCIETY FOR THE STUDY OF HIGHER EDUCATION, CCH CANADIAN, CENTRE FOR ADDICTION AND MENTAL HEALTH, CF -30-

COMMUICATIONS FOR INVESTORS ASSOCIATION OF CANADA, CHMM INC., CITY MAGAZINE, CLIFFORD ELLIOTT AND ASSOCIATES LIMITED, CM BOARD (MANITOBA LIBRARY ASSOCIATION), CMD GROUP, COMMUNITY ACTION, EARTHKEEPER INC., ECODECISION, EDMONTON JOURNAL, FIRST REFERENCE INC., GOVERNMENT INFORMATION IN CANADA, HILL TIMES PUBLISHING INC., IN 2 PRIT, INUIT TAPIRISAT, JESUITS OF UPPER CANADA PROVINCE, JOURNAL OF EDUCATIONAL ADMINISTRATION AND FOUNDATION (UNIVERSITY OF VICTORIA), KEITH HEALTH CARE COMMUNICATIONS, LEGAL RESOURCE CENTRE OF CANADA, MENNONITE PUBLISHING SERVICE, NEW CATHOLIC TIMES, NEW MARITIMES EDITORIAL COUNCIL, ONTARIO FILM ASSOCIATION, ONTARIO INSTITUTE FOR STUDIES IN EDUCATION, ONTARIO PUBLIC SCHOOL BOARD'S ASSOCIATION, OUR TIMES PUBLISHING INC., PEACE RESEARCH, PELICAN ISLAND INFORMATION, PRESBYTERIAN CHURCH IN CANADA, QUILL AND QUIRE, SIL V AN COMMUICATIONS, SIMON FRASER UNIVERSITY DEPARTMENT OF ENGLISH, SOCAN, STUDIA CANONICA, SYSNOV ATORS LIMITED, THIS MAGAZINE, UNIVERSITY. OF GUELPH DEPARTMENT OF FAMILY RELATIONS AND APPLIED NUTRITION, UNIVERSITY OF NEW BRUNSWICK, UNIVERSITY OF WATERLOO, UNIVERSITY OF WINDSOR, WILFRID LAURIER UNIVERSITY DEPARTMENT OF SOCIOLOGY AND ANTHROPOLOGY -31-

SCHEDULE "B"

ONTARIO SUPERIOR COURT OF JUSTICE

Parties for Third Part Claim 03-CV -252945CP OC

GRADUATE CENTRE FOR STUDY OF DRAMA, QUEEN'S UNIVERSITY, UNIVERSITY OF TORONTO FACULTY OF MEDICINE, AND UNIVERSITY OF WESTERN ONTARIO SCHOOL OF BUSINESS

Parties for Fourth Part Claims 03-CV-252945CP OD

ONTARIO INSTITUTE FOR STUDIES IN EDUCATION, UNIVERSITY OF GUELPH DEPARTMENT OF FAMILY RELATIONS AND APPLIED NUTRITION, AND UNIVERSITY OF WINDSOR HEATHER ROBERTSON -and- PROQUEST INFORMATION AND -and- UNIVERSITY OF WESTERN ONTARIO et LEARNING LLC et aL. aL. Plaintiff Defendants Third Paries and Fourth Paries Cour File No. O3-CV -252945CP

ONTARIO SUPERIOR COURT OF JUSTICE PROCEEDING COMMENCED AT TORONTO

NOTICE OF MOTION

LENCZNER SLAGHT ROYCE SMITH GRIFFIN LLP Barsters Suite 2600 - 130 Adelaide Street West Toronto ON M5H 3P5

J. Thomas Cur (25740V) (416) 865-3096 Marguerite Ethier (33244R) (416) 865-2979 Kristian Borg-Olivier (53041R) (416) 865-2978 Tel: (416) 865-9500 Fax: (416) 865-9010

Lawyers for the Third and Fourh Paries in Schedule "B" HEATHER ROBERTSON -and- PROQUEST INFORMATION AND -and- UNIVERSITY OF WESTERN ONTARIO et LEARNING LLC et aL. aL. Plaintiff Defendants Third Paries and Fourth Paries Court File No. O3-CV -252945CP

ONTARIO SUPERIOR COURT OF JUSTICE PROCEEDING COMMENCED AT TORONTO

MOTION RECORD

LENCZNER SLAGHT ROYCE SMITH GRIFFIN LLP Baristers Suite 2600 - 130 Adelaide Street West Toronto ON M5H 3P5

J. Thomas Cur (25740V) (416) 865-3096 Marguerite Ethier (33244R) (416) 865-2979 Kristian Borg-Olivier (53041R) (416) 865-2978 Tel: (416) 865-9500 Fax: (416) 865-9010

Lawyers for the Third and Fourh Paries in Schedule "B"