The Canada.com story by Don Butler reports as follows on statements by Ms. Leuthold's counsel and a CBC spokesman:
O'Connor said Leuthold is "quite devastated" by the outcome of the case. "We thought that the arguments were sound."
The decision was not what his client had expected "in terms of both her and my analysis of the situation, the facts and the law," he said. "But the judge is the trier of those matters, and the decision says what it says." The decision, he added, "may have significant effects in both Canadian copyright and broadcasting law."
An appeal is under serious consideration, O'Connor said. "There may be room for interpretation, and conceivably there may have been an error made. It may not be the final chapter in this lengthy saga."
Because an appeal is still possible, a CBC spokesman would only say the broadcaster is "satisfied" with the decision.
It's not yet clear what will happen with legal costs in the case, which began in 2005. Costs could be awarded against Leuthold if the CBC made an offer to settle that was greater than the amount awarded by the court, O'Connor said. "That may come into play."
The plaintiff was awarded about 0.0009 or less than one thousandth of what she was seeking. And she has yet to learn what the costs order will be. Her counsel apparently acknowledges in the above quote that costs could be awarded against her.
PS - July 26, 2012
There is an appeal underway by Ms. Leuthhold.