Heather Robertson:

An Inventory of Her Papers at the University of Manitoba Archives & Special Collections

Inventory prepared by Elizabeth-Anne Johnson
University of Manitoba Archives & Special Collections
331 Elizabeth Dafoe Library, Winnipeg, Manitoba
(30 May 2012)

Finding aid encoded by Elizabeth-Anne Johnson (30 May 2012)
Finding aid written in English.



Collection Summary

Repository:
University of Manitoba Archives & Special Collections
331 Elizabeth Dafoe Library, Winnipeg, Manitoba

Creator:
Heather Robertson

Title:
Heather Robertson fonds

Dates:
1996-2012

Quantity:
1.37 m of textual material, 1 compact disc.

Identification:
Mss 77, El 18 (A.12-41)

English

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Biography of Heather Robertson

Heather Robertson received a B.A. from the University of Manitoba and an M.A. from Columbia University. She was a columnist for The Winnipeg Tribune and editor of the University of Manitoba student newspaper, The Manitoban. She went on to become a radio producer with the Canadian Broadcasting Corporation. Robertson has published several books, adding to her reputation as a distinguished and often controversial writer and journalist. Her publications include Reservations Are for Indians (1970), Grass Roots (1973), Salt of the Earth (1974), A Terrible Beauty (1977), Willie (1983), Lily, A Rhapsody in Red (1986), Igor (1989), A Gentleman Adventurer: The Arctic Diaries of R.H.G. Bonnycastle (1985), More Than a Rose (1991), On The Hill (1992), Meeting Death (2000), The Road Well Kept: Branksome Hall Celebrates 100 Years (2001), Driving Force: The McLaughlin Family and the Age of the Car (2003) and Magical, Mysterious Lake of the Woods (2003). In the late 1990s and throughout the 2000s, Robertson stood as class representative in the class action lawsuit Robertson v. Thomson Corp., arguing that the digital reproduction of work produced by freelancers, without the freelancers' consent or additional compensation, was an infringment of the creators' copyright.

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Scope and Contents of the Collection

The fonds contains correspondence, legal documents, and other supporting documentation regarding to the Robertson v. Thomson Corp. case.

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Arrangement of the Papers

This collection is arranged in five series:

  • 1. Supporting material
  • 2. Correspondence
  • 3. Legal documents
  • 4. Post-trial material
  • 5. Electronic material

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Restrictions on Access

There are restrictions on this material.

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Restrictions on Use

There are restrictions on this material.

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Related Materials

Mss 77, Pc 7, Tc 67, El 18 (A.79-16, A.79-26, A.80-18, A.84-39, A.85-21, A.88-29, A.91-03, A.92-02, A.92-45, A.93-17, A.95-29, A.96-07, A.00-19, A.03-90, A.05-17, A.08-139)

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Custodial History

This accrual was donated to the University of Manitoba Archives & Special Collections by Heather Robertson in 2012.

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Other Finding Aids

Mss 77, Pc 7, Tc 67( A.79-10 to A.96-07); Mss 77, Pc 7, Tc 67 (A.03-90); Mss 77, Pc 7, Tc 67 (A.05-17); Mss 77, Tc 67, El 18 (A.08-139)

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Detailed Description of the Collection

Preparatory material [ 1996-2005 ]
BoxFolder
11 Notes [199?]
2 Research into copyright [199?]
3 Research into databases [199?]
4 Cancopy information package July 2000
5 Canadian Copyright Act 12 June 2003
6 Thomson interoffice correspondence September and October 1996
7 Speaking notes on Bill C-32 by Margaret Atwood 21 November 1996
8 PWAC copyright information kit November 1996
9 Writers' Union of Canada/League of Canadian Poets' submission to Bill C-32 November 1996
10 Canadian Intellectual Property Enforcement guidelines June 1999
11 Draft Canadian Intellectual Property Enfocement guidelines - from publishers' associations November 1999
12 Research notes from Library and Archives Canada 18 March 2008
13 CPI.Q database of journals, etc. 19 January 2009
14A Class Representative's Guide to Class Actions (second and third editions), by Michael McGowan January 1996
15 Press releases re: class action lawsuit September 1996
16 Judgements in other class action suits 1996-1999
17 Judgements in other class action suits 2001-2005
BoxFolder
21 Journalists' associations' newsletters 1996-2003
2 Press clippings 1980-2003
3 Press clippings 2004-2011

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Correspondence 1996-2010
BoxFolder
2 4 Undated correspondence [199?]
5 Correspondence 1996
6 Correspondence 1997
7 Correspondence 1998
BoxFolder
31 Correspondence 1999
2 Correspondence 2000
3 Correspondence 2001
4 Correspondence 2002
5 Correspondence 2003
6 Correspondence 2004
7 Correspondence 2005
BoxFolder
41 Correspondence 2006

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Court documents 1996-2010
BoxFolder
42 Division of responsibilities (Robertson v. Thomson) [199?]
3 Class Action Strategy [199?]
4 Plaintiff's case management proposal draft (Robertson v. Thomson) [199?]
5 Class action retainer agreement 3 April 1996
6 Opinion letter from McGowan & Associates re: possible class action 29 August 1996
7 Statement of claim drafts August 1996
8 Statement of claim 10 September 1996; 1 May 1998
9 Class members' questionnaire 11 September 1996
10 Class action retainer agreement 16 September 1996
11 Opinion letter - Robertson v. Thomson 26 September 1996
12 Plaintiff's motion record 1997
13 WIPO copyright treaty 14 March 1997
14 Options and risk assessment 18 April 1997
15 Draft certification order and notice to class, draft notice of motion, excerpt from affadavit 11 September 1997
16 Motion record (for staying or dismissing action against Thomson) 13 November 1997
17 Affidavits from Christine Gordon and John Sullivan November and December 1997
18 Heather Robertson affidavit drafts March 1998, May 1998
19 Questions on written cross-examination 15 October 1998
20 Intellectual property law segment of factum from Kvas Miller Everitt 6 January 1999
21 Plaintiff's factum 11 January 1999
22 Respondents' factum 14 January 1999
23 Plaintiffs' reply factum 15 January 1999
24 Court order - Robertson v. Thomson 11 February 1999
25 Notice published under the Ontario Class Proceedings Act - to all writers, photographers, and cartoonists 11 February 1999
26 Reasons for decision - Robertson v. Thomson 11 February 1999
27 Test case procedure draft 16 March 1999
28 Opt-out forms and related correspondence August 1999
29 Heather Robertson affidavit drafts 1999-2000
BoxFolder
51 Cameron Smith affidavit drafts 1999-2000
2 Court order of Justice Sharpe 11 February 1999
3 Heather Robertson affidavit 15 November 1999
4 Cameron Smith affidavit 15 November 1999
5 June Callwood affidavit drafts 2000
6 June Callwood affidavit 31 May 2000
7 Notice of motion dradts 2000-2001
8 Court order of Justice Cumming 5 February 2001
9 Affidavits served by Thomson 12 February 2001
10 Amended statement of claim 20 February 2001
11 Heather Robertson affidavit (no. 2) drafts March 2001
12 Robert Fulford affidavit 1 March 2001
13 Plaintiff's factum drafts April 2001
14 Respondents' factum 7 May 2001
15 Plaintiff's reply factum 7 May 2001
16 Plaintiff's factum re: motion to dismiss May 2001
17 Judgement drafts - Robertson v. Thomson October 2001
18 Reasons for decision - Justice Cumming - Robertson v. Thomson 3 October 2001
19 Order of Justice Cumming - Robertson v. Thomson 4 April 2002
20 Notice of appeal draft 4 April 2002
21 Notice of appeal & certificate re: evidence 5 April 2002
22 Amended statement of defense 6 June 2002
23 Supplementary notice of appeal 15 July 2002
24 Appellant's factum draft - Robertson v. Thomson appeal 5 May 2003
23 Statement of claim 28 July 2003
24 Report on customs and practices of the Canadian publishing industry by June Callwood 27 November 2003
25 Order for examination of June Callwood 19 December 2003
26 Examination of June Callwood 16 January 2004
27 Factum of the respondent by cross-appeal - draft 23 January 2004
28 Factum of the respondent by cross-appeal 2 February 2004
BoxFolder
61 Report to class members 18 October 2004
2 Respondent's memorandum of argument - draft 21 December 2004
3 Applicant's memorandum of argument - draft - Supreme Court appeal January 2005
4 Respondent's memorandum of argument 18 January 2005
5 Applicant's reply to respondent's memorandum of argument - draft 19 January 2005
6 Appellant's factum - Robertson v. Thomson appeal April 2005
7 Heather Robertson affidavit draft - Robertson v. Gale 4 April 2005
8 Settlement agreement - Ontario Superior Court - Robertson v. Thomson 18 April 2005
9 Notice of motion - Robertson v. Gale 2 May 2005
10 Plaintiff's first supplementary motion record - Robertson v. Gale 17 June 2005
11 Notice of return of motion 21 June 2005
12 Appellant's factum - draft 17 August 2005
13 Appellant's factum - Robertson v. Gale 30 August 2005
14 Respondent's factum - Robertson v. Thomson appeal 21 October 2005
15 Supreme Court judgement - Robertson v. Thomson 12 October 2006
16 Case summary: Robertson v. Thomson 12 October 2006
17 Court order - issues to be determined at trial 20 November 2007
18 Notice of motion - draft - Robertson v. Gale 24 March 2008
19 Nicole Brown affidavit draft - Robertson v. Gale 26 March 2008
20 Statement of issues - Robertson v. Thomson July 2008
21 Defendants' mediation brief July 2008
BoxFolder
71 Statement of issues July 2008
2 Order of Justice Cullity dismissing action against Thomson 21 October 2008
3 Certification order - Robertson v. Gale 21 October 2008
4 Motion record - Robertson v. Gale November 2008
5 Statement of defence of Toronto Star 27 March 2009
6 Defence statements filed by Proquest, Rogers, and Cedrom 30 March 2009
7 Party claims/defence statements of Rogers and Cedrom-SNI 22 April 2009
BoxFolder
81 Motion record (vol. 1) 10 June 2009
2 Motion record (vol. 2) 10 June 2009
3 Class counsel book of dockets brief 11 June 2009
4 Factum of the plaintiff 11 June 2009
5 Moving parties' factum of class counsel 12 June 2009
BoxFolder
91 Book of authorities of class counsel 12 June 2009
2 Court order - payment to plaintiffs - Robertson v. Thomson 23 November 2009
3 Book of authorities of the plaintiff 2009
4 Mediation brief of Toronto Star Newspapers Ltd. 3 May 2010
BoxFolder
101 Mediation brief of the plaintiff May 2010
2 Offers to settle - Robertson v. Proquest 1 June 2010
3 Settlement agreement - Robertson v. Proquest 4 June 2010
4 Mediation brief of Cedrom SNI Inc. 2010
5 Heather Robertson affidavit - Robertson v. Proquest 29 March 2011
6 Plaintiff's litigation plan - Robertson v. Gale 2011
7 Settlement agreements - Robertson v. Proquest 2011

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Post-trial material 1996-2011
BoxFolder
108 Legal bills 1998-2011
9 Opt-out form - US copyright class action June 2005
10 Class action retainer agreements 2007-2008
11 Class members' questionnaire [199?]
12 Completed questionnaire list 1997
13 Correspondence to class members 1998-2003
14 Correspondence from class members (greeting cards, etc) 1996-2011
BoxFolder
111 Promissory notes from class members 1997-2003
2 Publications' freelance agreements 1996-1998
3 Customs and practices regarding freelance writers - draft [200-?]
4 Works by Heather Robertson 1992, 1995
5 Compensation claim form - Heather Robertson 15 January 2010
6 Journalism conferences 1997-1998
7 Presenation to CanPRRI 21 March 1998
8 Acceptance speech - PWAC lifetime membership 2010
9 Awards from writers' associations 2009, 2010
10 Services offered by RSM Richter accounting 11 January 2011
11 Michael McGowan biographical sketch [200-?]
12 Published material citing Robertson v. Thomson 2002, 2010

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Electronic material 2009
BoxFolder
1113 Factum and Book of Authorities DVD 2009

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