Association of Universities and Colleges of Canada v. Canadian Copyright Licensing Agency (Access Copyright)
There were no special circumstances to justify early judicial intervention; the Copyright Board must be permitted to complete its tariff proceedings before the court will entertain administrative law remedies, therefore the applications for judicial review were dismissed.
Source-derived case information.
- Citation
- 2012 FCA 96
- Parties
- Applicant: Association of Universities and Colleges of Canada; Applicant: The University of Manitoba; Applicant: Brandon University; Respondent: The Canadian Copyright Licensing Agency operating as "Access Copyright"; Intervener: Copyright Board of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 20 March 2012
- Procedural Posture
- Application for Judicial Review of Interlocutory Decisions / Interlocutory — Proceedings Before the Copyright Board Ongoing
- Outcome
- Applications for judicial review dismissed
- Legal Topics
- Judicial Review, Interlocutory Decisions, Premature Review, Deference to Specialized Tribunals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Association of Universities and Colleges of Canada
Applicant
The University of Manitoba
Applicant
Brandon University
Applicant
The Canadian Copyright Licensing Agency operating as "Access Copyright"
Respondent
Copyright Board of Canada
Intervener
Procedural Posture
Application for Judicial Review of Interlocutory Decisions / Interlocutory — Proceedings Before the Copyright Board Ongoing
Legal Issues
- 1 Whether special circumstances justify court intervention at the interlocutory stage
- 2 Whether the Copyright Board should be permitted to complete its proceedings before judicial review is granted
- 3 Appropriate standard for declining to hear premature administrative law challenges
Ratio Decidendi
There were no special circumstances to justify early judicial intervention; the Copyright Board must be permitted to complete its tariff proceedings before the court will entertain administrative law remedies, therefore the applications for judicial review were dismissed.
Court Disposition
Applications for judicial review dismissed
Orders
- Applications for judicial review dismissed
- Costs payable to the respondent
Full Case Text
Judgment text and source record
1 paragraphs
Association of Universities and Colleges of Canada v. Canadian Copyright Licensing Agency (Access Copyright) Court (s) Database Federal Court of Appeal Decisions Date 2012-03-20 Neutral citation 2012 FCA 96 File numbers A-339-11 Decision Content Federal Court of Appeal Cour d'appel fédérale Date: 20120320 Dockets: A-339-11 A-395-11 Citation: 2012 FCA 96 CORAM: SHARLOW J.A. DAWSON J.A. STRATAS J.A. BETWEEN: ASSOCIATION OF UNIVERSITIES AND COLLEGES OF CANADA and THE UNIVERSITY OF MANITOBA and BRANDON UNIVERSITY Applicants and THE CANADIAN COPYRIGHT LICENSING AGENCY OPERATING AS "ACCESS COPYRIGHT" Respondent and COPYRIGHT BOARD OF CANADA Intervener Heard at Ottawa, Ontario, on March 20, 2012. Judgment delivered from the Bench at Ottawa, Ontario, on March 20, 2012. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Federal Court of Appeal Cour d'appel fédérale Date: 20120320 Dockets: A-339-11 Docket: A-395-11 Citation: 2012 FCA 96 CORAM: SHARLOW J.A. DAWSON J.A. STRATAS J.A. BETWEEN: ASSOCIATION OF UNIVERSITIES AND COLLEGES OF CANADA and THE UNIVERSITY OF MANITOBA and BRANDON UNIVERSITY Applicants and THE CANADIAN COPYRIGHT LICENSING AGENCY OPERATING AS "ACCESS COPYRIGHT" Respondent and COPYRIGHT BOARD OF CANADA Intervener REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on March 20, 2012) SHARLOW J.A. [1] Before the Court are two applications for judicial review of interlocutory decisions of the Copyright Board rendered in connection with a proposed tariff entitled “Educational Institutions Tariff (2011-2013)”. The decisions under review are dated August 18, 2011 and September 23, 2011. [2] Despite the able submissions of counsel for the applicants, we have concluded that there are no special circumstances that would justify the intervention of the Court at this stage of the proceedings before the Copyright Board. This is manifestly a case where the Copyright Board should be permitted to complete its work before the Court is called upon to consider administrative law remedies. [3] For that reason, these applications for judicial review will be dismissed with costs payable to the respondent. “K. Sharlow” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-339-11 (APPEAL FROM INTERLOCUTORY DECISIONS OF THE COPYRIGHT BOARD DATED AUGUST 18, 2011 AND SEPTEMBER 23, 2011) STYLE OF CAUSE: ASSOCIATION OF UNIVERSITIES AND COLLEGES OF CANADA and THE UNIVERSITY OF MANITOBA and BRANDON UNIVERSITY v. THE CANADIAN COPYRIGHT LICENSING AGENCY (OPERATING AS "ACCESS COPYRIGHT" and COPYRIGHT BOARD OF CANADA PLACE OF HEARING: OTTAWA DATE OF HEARING: March 20, 2012 REASONS FOR JUDGMENT OF THE COURT BY: (SHARLOW, DAWSON, STRATAS JJ.A.) DELIVERED FROM THE BENCH BY: SHARLOW J.A. APPEARANCES: Patricia J. Wilson FOR THE APPLICANT Nancy Brooks Randall Hofley Mario Bouchard FOR THE RESPONDENT FOR THE INTERVENER SOLICITORS OF RECORD: Osler, Hoskin & Harcourt LLP FOR THE APPLICANT Blake, Cassels & Graydon LLP Counsel, Copyright Board of Canada FOR THE RESPONDENT FOR THE INTERVENER