CourE
ile
No.
T-1391-14
FEDERAL
COURTB
ETWEEN:
1
39S8Q4
ONTAI2I
LTD,
perating as
BLf1CKLOCK S
~POR`1'GR
-
and
—
ANAllA
(ATTORNEY
rNL+'.RAL)
A
GREED
TAT~I~LCNT
OF
CT~
Plaintiff
efendant
T
he
laintiff
and
the
Defendant,
by
their
respective
counsel, agree
thlt
the
following
facts
a
re
for
the
purpose
of
his
action
only,
not
n
dispttte:
A
.
lacldock's
et~oi•tec•1
.
B1acklock s
Reporter
(`Blacklock's ), the
Plaintiff is
1
ews
agency
operating
out
of
a
private
residence
in
Ottawa.
Blacklock s
reports
almost
e~chisively
on
federall}~r
egulated
industries
and
the
Fedet•al
Govei7imcnt.
ts
content
is
available
exc[usi~~eiy
o
ntine.
2
.
On
ctober
26,
2012,
lacklock's
managing
editor
told
the
Ottawa
Business
Jotu
~~ lt
he company's
reak-e~ren
pout was
stimlted
to
be
500
ubscriptions
at
143
er year
o
r
the equivalent
$7~I,OOQ}.
3.
In
its
fi
rst
year
of
perations,
Blaciclock s
revenues
were
approximately 45,000.
The
n
umUered
company
(13958Q4
Ontario
[_td.)
financed
Black(ock's during
t1~at
year.
1lcklock s
is
olie
business
line
operated
uiicier
tlus
numbered
company.
lie
numbered
c
ompany
was
incorporated
in
2001
acid
is
otivned
and
operated
by
Torn
Kors4ci
and
lly
Doan.
4
. Koiski
and
Doan
ace also the
only
employees
and
members
of
Blacklock s
n
~a~~agement.
S
. Korski
is
tl~e
m~naguig
and
oily
editor,
whereas
Doan
is
Blacklock's
pciblisher.
K
orski s
duties
include
the
coordination
of
ssibnments
of
eporters,
ontinuit~r
of
opy
a
nd
routi~ie
administration.
Doatt
is
responsible for
cainmii~uty outreach
and
n
egotiating
licencing
agreements.
6
.
Blacklocks' revenues
have
gradually
increased since
its
inception in
2012
ntil
today.
7
.
In
2015,
BIacllock s generated
approximately
98,000
of
revenue
per
year.
A
pgro~imately
fi
ve
percent
(5 )
of
Blacktock s.
revenue
comes
from
online
a
dvertising.
The
reuiaincier
of
f~e
revenue
comes
fro~u
either subscriptions/licences
p
aid in ad~~ance
or
from
invoices/settlements
based
on «hat
Blackloek's
describes
as
~
~ser s
acknotivIedgemeni
of
iolations
of
lacklock s
terns
of
ise
8
.
In
2015,
laeklock s
iiictirred
costs
of
pprotiim~tely
53,000
per
year.
This
amount
s
a
lmost
e~clt~sively
related to
labour
casts,
as
BIacktock s
does
not
incur
costs for
rent
a
r
publishing
pri~it
editions.
9
In
2015,
B1lcklock s
had
approximately
seven
eontractoc•s
tviio
contributed
stories,
T
~vo
reporters
were
on
retainer
and
received
1,700
to
2,200
per
mo►ith
as
r
emuneration
from
BlackIock s.
One
former
contrlctor
~v~
aecreditect
to
the
Press
G
allery
in
exchange
for
a
si~igle
story Another
of
the
reporters has been
remuneratedt
luough
a
p~~ofit
sharing arrangement
T
3.
he
enax'tment
of
inauce
0.
l~e
Department
of
inance,
l~e
Defea~dznt,
Finance )
ssists
the Governsiient
of
anada
developing
and implementing
economic,
tscal
tax
aild
financial
sector•
p
olicies
and
programs.
Fina►ice's
respoiisibi[ities include
the
development
of
tariff
p
olicy
and
legislation.
1
1.
Blacklock's
has
contacted
and received
information
fr
om
Finance's
Media
R
elations
Sector
in
response
to
its
media
requests
or
its
articles.
1
2. However,
Finance
~t
no
tine
ead
either
a
subscription
or
licence
to Blacklock's.
1
3.
On
April
10,
2013,
Stephanie
Rubec,
manager•,
Media Relations,
Finance, wrote
K
orslci
an
email
stating: °What
are
the
chances
you would
send
me
your
piece
once
p
ublished?
Korski
replied,
We
did
publish
that this
?Horning.
The finance
department
ought
to
subscribe; numerous
other
departments
and Czotvn
agencies
do;
X148
a
year.°
R
ubec
replied,
I've
asked
tine
machine
isn't
aicvays
tke
fastest
ire
processing
r
equests.
Korski
replied,
Ot~r
office
can
always
set
you np
right
away
i
the
d
epaL
tment wants
paper•
billuig
by
n~croice
Just
forward
the request
with
invoice
data
t
o
lolly
Doan ,
and
cited
Doan's
email
address.
C
Blacl~lock's Subscriptions
and
Licences
1
4.
Blacklock's
in
20I5
had
a~pro~liately
260
licensees
an
d
paid
subscribers.
T 3e
d
ifference
between
the
tavo
is
that licences
cover•
multiple
nse~•s
while
Blacklock's
L
evel
subscriptions
provide
access
to
a
single
user.
15.
Btacklock's
single
-reader
subscribe~~s
in
2015
geizerated
between $4,083 and $6,123
ofB
lacklock's
reveutie:
At
tl~e
relevant
tinge, a
B[acklock's
Level suliscriptioii
cost
$1~3
a
nd
granted
access
to
tiie
stibscciber
or
all
Blacklock's
co~~tent
for
one
year.
Behveen
1
0
end
15
percent
of
he
260
Blackiock's
clients
in
2015,
i.e.
apgro~imately
26
end
39,
w
ere
single
-rise
subscribers.
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