Consumers' Association of Canada v. Canada (Canadian Radio-Television and Telecommunications Commission)
The motion for a stay was dismissed because the applicants failed to demonstrate that they would suffer irreparable harm absent a stay.
Source-derived case information.
- Citation
- 2006 FCA 239
- Parties
- Applicant: Consumers' Association of Canada; Applicant: National Anti-Poverty Organization; Respondent: Canadian Radio-Television and Telecommunications Commission; Respondent: Aliant Telecom Inc.; Respondent: Bell Canada; Respondent: MTS Allstream Inc.; Respondent: Saskatchewan Telecommunications; Respondent: Télébec, Société en commandite; Respondent: Telus Communications Inc.; Respondent: Telus Communications (Québec) Inc.; Respondent: ARCH (A Legal Resource Centre for Persons with Disabilities); Respondent: Canadian Association of the Deaf
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 26 June 2006
- Procedural Posture
- Stay Application / Motion for Stay Dismissed
- Outcome
- Motion for stay dismissed.
- Legal Topics
- Stay, Regulatory Decision, Telecom Regulation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Consumers' Association of Canada
Applicant
National Anti-Poverty Organization
Applicant
Canadian Radio-Television and Telecommunications Commission
Respondent
Aliant Telecom Inc.
Respondent
Bell Canada
Respondent
MTS Allstream Inc.
Respondent
Saskatchewan Telecommunications
Respondent
Télébec, Société en commandite
Respondent
Telus Communications Inc.
Respondent
Telus Communications (Québec) Inc.
Respondent
ARCH (A Legal Resource Centre for Persons with Disabilities)
Respondent
Canadian Association of the Deaf
Respondent
Procedural Posture
Stay Application / Motion for Stay Dismissed
Legal Issues
- 1 Whether the applicants would suffer irreparable harm absent a stay
- 2 Whether a stay should be granted in respect of Telecom Decision CRTC 2006-9
Ratio Decidendi
The motion for a stay was dismissed because the applicants failed to demonstrate that they would suffer irreparable harm absent a stay.
Court Disposition
Motion for stay dismissed.
Orders
- Motion for stay of Telecom Decision CRTC 2006-9 dated February 16, 2006 dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Consumers' Association of Canada v. Canada (Canadian Radio-Television and Telecommunications Commission) Court (s) Database Federal Court of Appeal Decisions Date 2006-06-26 Neutral citation 2006 FCA 239 File numbers 06-A-18 Decision Content Date: 20060626 Docket: 06-A-18 Citation: 2006 FCA 239 Present: NADON J.A. BETWEEN: CONSUMERS ASSOCIATION OF CANADA and NATIONAL ANTI-POVERTY ORGANIZATION Applicants and CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION Respondent and ALIANT TELECOM INC., BELL CANADA, MTS ALLSTREAM INC., SASKATCHEWAN TELECOMMUNICATIONS, TÉLÉBEC, SOCIÉTÉ EN COMMANDITE, TELUS COMUNICATIONS INC., TELUS COMMUNICATIONS (QUÉBEC) INC., ARCH (A LEGAL RESOURCE CENTRE FOR PERSONS WITH DISABILITIES) AND THE CANADIAN ASSOCIATION OF THE DEAF Respondents Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on June 26, 2006. REASONS FOR ORDER BY: NADON J.A. Date: 20060626 Docket: 06-A-18 Citation: 2006 FCA 239 Present: NADON J.A. BETWEEN: CONSUMERS ASSOCIATION OF CANADA and NATIONAL ANTI-POVERTY ORGANIZATION Applicants and CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION Respondent and ALIANT TELECOM INC., BELL CANADA, MTS ALLSTREAM INC., SASKATCHEWAN TELECOMMUNICATIONS, TÉLÉBEC, SOCIÉTÉ EN COMMANDITE, TELUS COMUNICATIONS INC., TELUS COMMUNICATIONS (QUÉBEC) INC., ARCH (A LEGAL RESOURCE CENTRE FOR PERSONS WITH DISABILITIES) AND THE CANADIAN ASSOCIATION OF THE DEAF Respondents REASONS FOR ORDER NADON J.A. [1] After carefully reviewing the material submitted by the parties and after careful consideration of their respective submissions, I am unable to conclude that the applicants would suffer irreparable harm should their motion for a stay not be granted. As a result, the motion for a stay of Telecom Decision CRTC 2006-9 dated February 16, 2006, will be dismissed. "M. Nadon" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: 06-A-18 STYLE OF CAUSE: Consumers' Assoc. of Canada et al. v. CRTC and Alliant Telecom Inc. et al MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: NADON J.A. DATED: June 26, 2006 WRITTEN REPRESENTATIONS BY: M. Janigan FOR the Applicants J.B. Laskin, A. Ali N. Finkelstein, D. Kidd, C. Reagan Floor D.M. Campbell Q.C., K.A. Kindred D. McAllister J.E. Lowe FOR the Respondent CRTC FOR the Respondent Bell Canada FOR the RespondentAliant Telecom FOR the Respondent ARCH FOR the Respondents Telus Comm. and Telus (Québec) Comm. SOLICITORS OF RECORD: Public Interest Advocacy Centre Ottawa, Ontario FOR the Applicants Torys LLP Toronto, Ontario Blake Cassels & Graydon LLp Toronto, Ontario Cox Hanson O'Reilly Matheson Halifax, Nova Scotia ARCH Disability Law Centre Toronto, ON Burnet, Duckworth & Palmer LLP Calgary, Alberta FOR the Respondent CRTC FOR the Respondent Bell Canada FOR the Respondent Aliant Telecom FOR the Respondent ARCH FOR the Respondent Telus Comm. and Telus (Québec) Comm.