Ingersoll Telephone Co. v. Bell Telephone Co. of Canada

Ingersoll Telephone Co. v. Bell Telephone Co. of Canada

Majority held the Railway Act amendments gave the Board power to (1) authorize additional tolls outside the Bell Company's established rates as compensation for use of long distance lines, (2) award compensation for loss to the Bell Company's local exchange business occasioned by granting independent companies long...

Source-derived case information.

Citation
(1916) 53 SCR 583
Parties
Appellants: Ingersoll Telephone Company and Others; Respondents: Bell Telephone Company of Canada
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 June 1916
Procedural Posture
Appeal From Board of Railway Commissioners / Reference on Questions of Law; Decision on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Board Jurisdiction, Compensation, Discrimination, Expropriation, Rates and Tolls, Interconnection
Source Language
english
Transportation Administrative Law Telecommunications Regulatory Law Public Utilities Competition Law Board Jurisdiction Compensation +4 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Ingersoll Telephone Company and Others

Appellants

Bell Telephone Company of Canada

Respondents

Procedural Posture

Appeal From Board of Railway Commissioners / Reference on Questions of Law; Decision on Appeal

Legal Issues

  1. 1 Whether the Board could authorize additional tolls outside the Bell Company's established rates as compensation for use of long distance lines
  2. 2 Whether the Board could award compensation for loss of the Bell Company's local exchange business caused by granting independents long distance connection
  3. 3 Whether the Board could impose a special toll on competing companies while not imposing it on non-competing companies (discrimination issue)

Ratio Decidendi

Majority held the Railway Act amendments gave the Board power to (1) authorize additional tolls outside the Bell Company's established rates as compensation for use of long distance lines, (2) award compensation for loss to the Bell Company's local exchange business occasioned by granting independent companies long distance connection, and (3) impose a special toll on competing companies while not imposing it on non-competing companies, provided the conditions and standards in s.4(6) are satisfied.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Answers to reference questions: (1) Yes; (2) Yes; (3) Yes