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Criminal law 2023 BCSC 2420

R. v. Ali

The court qualified a Telus employee as an expert on cellular service and cell-tower location evidence, rejecting the accused’s objection based on lack of formal credentials.

  • Expert qualification
  • Admissibility of opinion evidence
  • Cellular network location evidence
  • Publication restriction
  • Expert-evidence
  • Criminal-law
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Criminal law 2023 BCSC 2422

R. v. Ali

The court qualified David Mak as an expert in Rogers cellular service, holding that extensive experience and training can suffice without formal credentials.

  • Expert qualification
  • Opinion evidence
  • Cell site/location evidence
  • Publication restrictions
  • Expert-qualification
  • Opinion-evidence
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Copyright 2022 FC 1432

Bell Media Inc. v. John Doe 1

La Cour fédérale accorde une injonction interlocutoire modifiée ordonnant à des FSI de bloquer des adresses IP ciblées pendant les fenêtres de diffusion des matchs du Mondial 2022.

  • Site blocking
  • Ip address blocking
  • Third party intermediary obligations
  • Injunctive relief
  • Indemnity for implementation costs
  • Reporting and notification procedures
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Copyright 2022 FC 775

Rogers Media Inc. v. John Doe 1

The Federal Court granted a mandatory interlocutory injunction ordering limited dynamic site blocking of NHL live-game streams, with safeguards, reporting, and a capped indemnity.

  • Site blocking
  • Dynamic blocking
  • Interlocutory injunction
  • Net neutrality
  • Freedom of expression
  • Interlocutory-injunction
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Intellectual property 2018 FC 337

Odyssey Television Network Inc. v. Ellas TV Broadcasting Inc.

The Federal Court granted default judgment in a copyright and radiocommunication dispute over Greek-language programming, and dismissed the defendants’ extension-of-time motion.

  • Default judgment
  • Extension of time
  • Statutory damages
  • Injunctions
  • Radiocommunication act
  • Default-judgment
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Administrative law 2016 FCA 261

Shoan v. Canada (Attorney General)

The impugned decisions are reviewable on the reasonableness standard and the Chairperson had both implicit authority under s.6(2) of the CRTC Act and explicit authority under CRTC By-law No. 9 and By-law No. 26 to establish the panels; accordingly the application is dismissed and costs are awarded to the respondent in the amount ordered.

  • Jurisdiction
  • Standard of review
  • Authority to constitute panels
  • Delegation of powers
  • Costs
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Criminal law 2013 BCSC 249

R. v. Khan

The court admitted cell-site maps as demonstrative evidence, excluded approximate location circling as opinion, and allowed qualified testimony on sector orientations.

  • Admissibility of expert evidence
  • Cellular data records (cdr)
  • Opinion versus factual evidence
  • Hearsay
  • Demonstrative exhibits
  • Expert-evidence
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Telecommunications 2013 FCA 44

Telus Communication Company v. Northwestel Inc.

The Federal Court of Appeal upheld the CRTC's exercise of authority: where an inter‑carrier agreement that apportions revenues is approved under section 29, the Commission need not require a separate tariff filing and approval under section 25 for the same negotiated amounts; the CRTC's interpretation and application of the Act in this context is entitled to deference and the confidentiality of negotiated inter‑carrier rates was lawful in these circumstances; the Primus agreement was remitted to the CRTC to determine whether section 25 applies because Primus is a reseller and section 29 did n…

  • Tariffing
  • Section 25
  • Section 29
  • Confidentiality of negotiated rates
  • Interconnection agreements
  • Reseller vs carrier
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Tax law 2012 TCC 114

SWS Communication Inc. v. The Queen

The Minister failed to plead or assume that the supplies were consumed in the furtherance of activities carried on through the recipients' Canadian permanent establishments; therefore s.132(2) did not render the recipients resident for purposes of s.22.1 and the appellants met the conditions for zero-rating; appeals allowed and assessments referred back for reconsideration.

  • Zero-rating
  • Export of services
  • Permanent establishment
  • Deemed residency
  • Onus of proof
  • Voip transmission
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Telecommunications 2011 FC 1120

Bell Canada v. Canada (Attorney General)

The Federal Court dismissed Bell’s judicial review and held that Rogers’ petition related to Decision 2010-805, so the Minister’s Gazette notice stood and prohibition was not warranted.

  • Telecommunications act s.12 petitions
  • Deferral account allocation
  • Crtc decision review
  • Minister publication in canada gazette
  • Cabinet jurisdiction
  • Prohibition and prerogative remedies
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