Canada Case Law

Rogers Communications Canada Inc. v. Timeless Inc.

Court

Federal Court of Appeal

The Commission's remedy ordering staff‑assisted mediation and, if unsuccessful, final offer arbitration was a reasonable, discretionary response to an undue preference finding; its reasons were adequate when read in context, Rogers waived its complaint about new evidence, and claims that the Commission lacked power or was functus officio were either not raised below or unpersuasive; appeal and judicial review are dismissed.

Source excerpt

• Undue preference
• Remedies
• Alternative dispute resolution
• Judicial review
• Reasons for decision
• Functus officio

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Rogers Communication Inc. v. Corus Entertainment Inc.

Court

Federal Court of Appeal

The CRTC correctly interpreted the standstill rule to freeze rates and other terms and conditions of distribution, including packaging and channel placement, as of the date the dispute arose; contractual provisions that would permit repackaging or termination cannot be exercised to alter the status quo during the dispute; appeals dismissed.

Source excerpt

• Standstill rule (regulatory freeze)
• Crtc dispute-resolution and mediation
• Packaging and channel placement of tv services
• Scope of regulatory power vs contractual rights

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Amazon.com.ca ULC v. Canada (Attorney General)

Court

Federal Court of Appeal

The appellants satisfied the RJR-MacDonald test: there are serious questions to be tried; irreparable harm exists because payments required by the CRTC orders would be unrecoverable if the orders are ultimately quashed; and the balance of convenience favors a temporary stay given the expedited hearing schedule and the relatively small near-term payment. Accordingly, stays were granted of the payment obligations in paragraphs 1 and 2 of the order appended to the August Policy and of equivalent individual orders issued to the appellants (with MPAC et al. limited to the ILNF contribution), while…

Source excerpt

• Stay relief
• Judicial review
• Crtc orders
• Online streaming act implementation
• Contributions requirement
• Irreparable harm

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Société Radio-Canada v. Canada (Attorney General)

Court

Federal Court of Appeal

The CRTC exceeded its jurisdiction by sanctioning the SRC solely on the basis that the broadcast content contravened the policy in s.3(1) of the Broadcasting Act; policy objectives guide the CRTC but do not themselves constitute enforceable rules of conduct. The CRTC also failed to demonstrate it conducted the required Charter proportionality analysis regarding SRC's freedom of expression. The CRTC decision is set aside and the matter is remitted for re-determination applying the applicable rules of conduct (including paragraph 3(b) of the Radio Regulations, 1986 and Code sections 9 and 10) a…

Source excerpt

• Jurisdiction
• Charter freedom of expression
• Administrative sanctions
• Standard of review
• Broadcasting policy

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Vidéotron Ltée v. Konek Technologies Inc.

Court

Federal Court

The Federal Court found copyright infringement in unauthorized retransmission of TVA Sports, granted a permanent injunction, awarded $553,000 in statutory damages, and dismissed Trademarks Act claims.

• Section 31 copyright act exemption
• Statutory damages (s.38.1)
• Injunctions (s.39.1)
• Crtc regulatory scope and dispute resolution
• Directors' personal liability
• Causation under trademarks act

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Vidéotron Ltée v. Technologies Konek Inc.

Court

Federal Court of Appeal

The Federal Court of Appeal concluded the trial judge applied the wrong legal framework by focusing on lifting the corporate veil instead of assessing Libéo's direct participation; on the record Libéo directly participated in retransmission (hosting and registering Vidéotron decoders, providing infrastructure and software, overlapping control and premises with Konek) and therefore is not entitled to the statutory exemptions and is jointly and severally liable with Konek and Hill Valley for copyright infringements.

Source excerpt

• Authorization and authorization inference
• Retransmission via internet and bdus
• Statutory exemptions (s.2.4(1)(b), s.31, s.31.1)
• Lifting the corporate veil vs direct liability
• Injunctive relief

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Romana v. Canada (Canadian Radio-Television and Telecommunications Commission)

Court

Federal Court

The Federal Court struck Haimana Romana’s pleadings against the CRTC and CBC without leave to amend, finding no reasonable cause of action, no jurisdiction over the CRTC claim, and abuse of process.

• Motion to strike
• Abuse of process
• Duplicative proceedings
• Jurisdiction
• Judicial review
• Injunctive relief

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BCE Inc. v. Québecor Média Inc.

Court

Federal Court of Appeal

The Federal Court of Appeal dismissed Bell's application: the 2018 FOA was confined to a rate determination and did not decide the fairness of Bell's packaging; the Undue Preference Decision addressed a distinct issue and the Commission reasonably concluded it could hear and decide the undue preference complaint, so doctrines of finality (issue estoppel/abuse of process) did not apply and the Commission did not err.

Source excerpt

• Undue preference
• Final offer arbitration
• Issue estoppel
• Judicial review
• Packaging of programming services
• Statutory interpretation

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Vidéotron Ltée v. Technologies Konek inc.

Court

Federal Court

La Cour fédérale conclut que Hill Valley peut invoquer l’article 31 depuis le 3 février 2021, mais pas pour TVA Sports; Konek et Hill Valley sont solidairement responsables, Libéo ne l’est pas.

• Section 31 copyright act
• Retransmission
• New media retransmitter
• Crtc exemption (small bdu order)
• Private network vs public internet
• Corporate personality

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Volpe v. Canada (Governor General)

Court

Federal Court

Federal Court dismissed the Attorney General’s strike motion and the applicants’ production motion in a judicial review of a Governor in Council broadcasting decision.

• Cabinet confidence (section 39 canada evidence act)
• Section 28 broadcasting act petitions
• Justiciability and reviewability of governor in council decisions
• Procedural fairness and reasons
• Production orders under federal courts rules
• Judicial-review

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