Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
32043
City of Edmonton v. Aliant Telecom Inc., Bell Canada, et al.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2007-11-02 | Close file on Leave | |
| 2007-10-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-10-26 | Judgment on leave sent to the parties | |
| 2007-10-25 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-600-05, 2007 FCA 106, dated March 13, 2007, is dismissed with costs to the respondents Aliant Telecom Inc., Bell Canada, MTS Allstream Inc., (formerly Allstream Corporation) and Telus Communications Inc. Dismissed, with costs |
|
| 2007-07-30 | All materials on application for leave submitted to the Judges, Ba LeB F | |
| 2007-06-20 | Applicant's reply to respondent's argument, (Reply to the Response of MTS Allstream Inc.), Completed on: 2007-06-20 | City of Edmonton |
| 2007-06-18 | Applicant's reply to respondent's argument, Completed on: 2007-06-18 | City of Edmonton |
| 2007-06-18 | Applicant's reply to respondent's argument, Completed on: 2007-06-18 | City of Edmonton |
| 2007-06-12 | Correspondence received from, A. J. Roman dated June 12/07 re: further revision in the style of cause (by fax) | City of Edmonton |
| 2007-06-12 | Correspondence received from, S. J. Grace dated June 12/07 re: change of address for counsel for the applicant (by fax) | City of Edmonton |
| 2007-06-12 | Correspondence received from, T. G. Heintzman dated June 11/07 re: McCarthy Tétrault no longer acting for the Canadian Cable Telecommunications Association as the said association has been disbanded (by fax) | Canadian Cable Telecommunications Association |
| 2007-06-11 | Respondent's response on the application for leave to appeal, Completed on: 2007-06-11 | MTS Allstream Inc., (formerly Allstream Corporation) |
| 2007-06-08 | Respondent's response on the application for leave to appeal, Completed on: 2007-06-11 | Canadian Radio-Television and Telecommunications Commission |
| 2007-06-07 | Correspondence received from, A. J. Roman dated June 7/07 re: revised style of cause (by fax) | City of Edmonton |
| 2007-06-07 | Respondent's response on the application for leave to appeal, Completed on: 2007-06-07 | Aliant Telecom Inc., Bell Canada |
| 2007-05-18 | Correspondence received from, Andrew J. Roman re: faxed notice of application for leave to appeal to non participating parties | City of Edmonton |
| 2007-05-18 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-05-10 | Application for leave to appeal, (revised covers replaced June 7/07), Completed on: 2007-05-10 | City of Edmonton |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| City of Edmonton | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Aliant Telecom Inc., Bell Canada | Respondent | Active |
| City of Toronto | Respondent | Active |
| City of Vancouver | Respondent | Active |
| MTS Allstream Inc., (formerly Allstream Corporation) | Respondent | Active |
| Telus Communications Inc. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Radio-Television and Telecommunications Commission | Intervener | Active |
Counsel
Party: City of Edmonton
Counsel
Scotia Plaza, P.O. Box 1011
40 King Street West, Suite 5800
Toronto, Ontario
M5H 3S1
Telephone: (416) 595-8604
FAX: (416) 595-8695
Email: aroman@millerthomson.com
Agent
Suite 1625
50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com
Party: Aliant Telecom Inc., Bell Canada
Counsel
Thomas G. Conway
Howard R. Fohr
4700 TD Bank Tower
PO Box 48
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7627
FAX: (416) 868-0673
Email: theintzm@mccarthy.ca
Agent
The Chambers
Suite 1400, 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2102
FAX: (613) 563-9386
Email: tconway@mccarty.ca
Party: City of Toronto
Counsel
Kirsten Franz
Station 1260, Metro Hall
55 John Street, 26th Floor
Toronto, Ontario
M5V 3C6
Telephone: (416) 392-7248
FAX: (416) 392-1199
Email: aweretel@toronto.ca
Party: City of Vancouver
Counsel
453 - 12th Avenue West
Vancouver, British Columbia
V5Y 1V4
Telephone: (604) 873-7692
FAX: (604) 873-7445
Email: patsy.scheer@vancouver.ca
Party: MTS Allstream Inc., (formerly Allstream Corporation)
Counsel
Y. Monica Song
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@fmc-law.com
Party: Telus Communications Inc.
Counsel
Thomas G. Conway
Howard R. Fohr
4700 TD Bank Tower
PO Box 48
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7627
FAX: (416) 868-0673
Email: theintzm@mccarthy.ca
Agent
The Chambers
Suite 1400, 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2102
FAX: (613) 563-9386
Email: tconway@mccarty.ca
Party: Canadian Radio-Television and Telecommunications Commission
Counsel
1700 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: lmilton@ott.fasken.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Communications law - Administrative law - Judicial Review - Standard of Review - Canadian Radio-television and Telecommunications Commission - CRTC's jurisdiction under subsection 43(4) of the Telecommunications Act includes disputes over matters necessarily incidental to the act of constructing - CRTC ordered the parties to negotiate a fee structure based on the Ledcor causal costs principle, by calculating the future incremental costs to Edmonton of Allstream's access to the LRT lands for the purpose of constructing, maintaining and operating transmission lines - Whether the Federal Court of Appeal properly reviewed the CRTC's decision - Whether the CRTC has jurisdiction pursuant to s. 43 of the Telecommunications Act to hear and determine the application - Whether the matter in issue was an ordinary contract dispute and the proper forum for the resolution of the dispute was the Alberta Court of Queen's Bench and not the CRTC - Whether the issue of compensation was properly resolved by application of the Ledcor principles - Telecommunications Act, S.C. 1993, c. 38, ss. 42, 43, 44.
The CRTC determined the method for calculating the fee payable to Edmonton by Allstream, a telecommunications carrier, for the use of light rail transit ("LRT") lands to house its fibre optic transmission lines. The CRTC held that it would be inappropriate to impose the occupancy fee of $20.00 a metre proposed by Edmonton on the basis of its land value formula. The CRTC ordered the parties to negotiate a fee structure based on the Ledcor causal costs principle, by calculating the future incremental costs to Edmonton of Allstream's access to the LRT lands for the purpose of constructing, maintaining and operating transmission lines.The Federal court of appeal dismissed the appeal from the decision of the CRTC.
Lower court rulings
Federal Court of Appeal
A-600-05, 2007 FCA 106
see file
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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