Case information
Consult our database for details on a Supreme Court of Canada case.
39904
Bell Canada, et al. v. Copyright Collective of Canada, et al.
(Federal) (Civil) (By Leave)
(Publication ban in case) (Sealing order) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-03-31 | Close file on Leave | |
| 2022-03-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-03-24 | Judgment on leave sent to the parties | |
| 2022-03-24 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Federal Court of Appeal, Numbers A-45-19 and A-47-19, 2021 FCA 148, dated July 22, 2021, is dismissed with costs to the respondents, Copyright Collective of Canada, Border Broadcasters Inc., Canadian Broadcasters Rights Agency, Canadian Retransmission Collective, Canadian Retransmission Right Association, Direct Response Television Collective Inc., FWS Joint Sports Claimants Inc. and Society of Composers, Authors and Music Publishers of Canada. Dismissed, with costs |
|
| 2022-03-24 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Granted |
|
| 2022-02-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-02-21 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-02-16 | Certificate (on limitations to public access), 23B for Motion for extension of time | Bell Canada |
| 2022-02-16 | Certificate (on limitations to public access), 23B for Reply | Bell Canada |
| 2022-02-11 | Certificate (on limitations to public access), (Letter Form), 23B - amended, (Printed version due on 2022-02-18) | Bell Canada |
| 2022-02-11 | Certificate (on limitations to public access), (Letter Form), 23A - amended, (Printed version due on 2022-02-18) | Bell Canada |
| 2022-01-13 |
Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Respondents do not oppose the motion , Completed on: 2022-02-14, (Printed version due on 2022-01-20) |
Copyright Collective of Canada |
| 2022-01-13 |
Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Respondent does not oppose the motion , Completed on: 2022-02-14, (Printed version due on 2022-01-20) |
Major League Baseball Collective of Canada |
| 2022-01-11 |
Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Respondent does not oppose the motion , Completed on: 2022-02-14, (Printed version due on 2022-01-18) |
Society of Composers, Authors and Music Publishers of Canada |
| 2022-01-11 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Missing: Form 23B (rec'd 2022-02-16), Completed on: 2022-02-18 | Bell Canada |
| 2021-12-20 | Applicant's reply to respondent's argument, (Book Form), Missing: Form 23B (rec'd 2022-02-16), Completed on: 2022-02-18, (Printed version due on 2021-12-29) | Bell Canada |
| 2021-12-10 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-12-17) | Copyright Collective of Canada |
| 2021-12-10 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-12-17) | Copyright Collective of Canada |
| 2021-12-10 | Notice of name, (Letter Form), (Printed version due on 2021-12-17) | Copyright Collective of Canada |
| 2021-12-10 | Respondent's response on the application for leave to appeal, (Book Form), SEALED / RESTRICTION, Completed on: 2022-02-07, (Printed version filed on 2021-12-10) | Copyright Collective of Canada |
| 2021-12-09 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-12-09 | |
| 2021-09-29 |
Certificate (on limitations to public access), (Letter Form), Require: - Proof of service rec'd 2021-11-02 - Clarification on 23A - Amended form rec'd 2021-11-02, (Printed version due on 2021-10-07) |
Bell Canada |
| 2021-09-29 |
Notice of name, (Letter Form), Proof of service require rec'd 2021-11-02 , (Printed version due on 2021-10-07) |
Bell Canada |
| 2021-09-29 |
Application for leave to appeal, (Book Form), Require: - Contact information for counsel representing parties rec'd 2021-11-21 - Proof of service rec'd 2021-11-18; 2021-12-01; 2021-12-06 - motion for extension of time (rec' 01/11/22), Completed on: 2022-02-14, (Printed version due on 2021-10-07) |
Bell Canada |
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 |
|---|---|---|
| Bell Canada | Applicant | Active |
| Cogeco Cable Inc. | Applicant | Active |
| Rogers Communications Inc. | Applicant | Active |
| Shaw Communications Inc. | Applicant | Active |
| Vidéotron Ltd. | Applicant | Active |
| Telus Communications Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Copyright Collective of Canada | Respondent | Active |
| Border Broadcasters Inc. | Respondent | Active |
| Canadian Broadcasters Rights Agency | Respondent | Active |
| Canadian Retransmission Collective | Respondent | Active |
| Canadian Retransmission Right Association | Respondent | Active |
| Direct Response Television Collective Inc. | Respondent | Active |
| FWS Joint Sport Claimants Inc. | Respondent | Active |
| Major League Baseball Collective of Canada | Respondent | Active |
| Society of Composers, Authors and Music Publishers of Canada | Respondent | Active |
| Canadian Cable Systems Alliance | Respondent | Active |
Counsel
Party: Bell Canada
Counsel
Stacey Smydo
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: jkerrwilson@fasken.com
Party: Cogeco Cable Inc.
Counsel
Stacey Smydo
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: jkerrwilson@fasken.com
Party: Rogers Communications Inc.
Counsel
Stacey Smydo
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: jkerrwilson@fasken.com
Party: Shaw Communications Inc.
Counsel
Stacey Smydo
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: jkerrwilson@fasken.com
Party: Vidéotron Ltd.
Counsel
Stacey Smydo
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: jkerrwilson@fasken.com
Party: Telus Communications Inc.
Counsel
Stacey Smydo
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: jkerrwilson@fasken.com
Party: Copyright Collective of Canada
Counsel
John Callaghan
James Green
1 First Canadian Place
100 King Street West, Suite 1600
Toronto, Ontario
M5X 1G5
Telephone: (416) 369-6674
FAX: (416) 862-7661
Email: Laurent.massam@gowlingwlg.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Party: Border Broadcasters Inc.
Counsel
50 O'Connor Street Suite 1600
Ottawa, Ontario
K1P 6L2
Telephone: (613) 564-3457
FAX: (613) 230-8877
Email: rsheahan@stikeman.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Party: Canadian Broadcasters Rights Agency
Counsel
Jonathan O'Hara
2000 - 45 O’Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 691-6176
FAX: (613) 231-3191
Email: david.kent@mcmillan.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Party: Canadian Retransmission Collective
Counsel
66 Wellington Street West
Suite 5300, TD Bank Tower Box 48
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8069
FAX: (416) 868-0673
Email: dglover@mccarthy.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Party: Canadian Retransmission Right Association
Counsel
2300 Yonge Street
Box 2397, Suite 2102
Toronto, Ontario
M4P 1E4
Telephone: (416) 966-3529
FAX: (416) 966-3529
Email: mark@hayeselaw.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Party: Direct Response Television Collective Inc.
Counsel
693 Queen Street East
Toronto, Ontario
M4M 1G6
Telephone: (416) 865-9444
FAX: (416) 865-1018
Email: mlewis@lbhmedialaw.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Party: FWS Joint Sport Claimants Inc.
Counsel
William Regan
120 Adelaide Street West
Suite 2308
Toronto, Ontario
M5H 1T1
Telephone: (416) 955-0050
FAX: (416) 955-0053
Email: gpiasetzki@pnklaw.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Party: Major League Baseball Collective of Canada
Counsel
333 Bay Street, Suite 3400
Toronto, Ontario
M5H 2S7
Telephone: (416) 597-5156
FAX: (416) 979-1234
Email: mkoch@goodmans.ca
Party: Society of Composers, Authors and Music Publishers of Canada
Counsel
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Party: Canadian Cable Systems Alliance
Counsel
Vice President, Corporate & Regulatory Affairs
447 Gondola Point Rd
Quispamsis, New Brunswick
E2E 1E1
Telephone: (506) 849-1334 Ext: 211
Email: cedwards@ccsa.cable.ca
Summary
Keywords
Administrative law — Judicial review — Boards and tribunals — Copyright Board Canada — Judicial review of Board’s decision on quantum of royalty rates payable under the Tariff for the Retransmission of Distant Television Signals, 2014-2018 — How far can reviewing court go in reconsidering merits of an administrative decision under auspices of “rationality” — Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65.
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.
The Copyright Board of Canada determined the quantum of royalty rates payable under the Tariff for the Retransmission of Distant Television Signals, 2014 2018, thereby exercising the discretion conferred by s. 70 of the Copyright Act, R.S.C. 1985, c. C 42.
Six broadcasting distribution undertakings (BDUs) applied for judicial review of this decision. The Federal Court of Appeal dismissed the application for judicial review brought by the BDUs.
The decision was also challenged, in a separate application for judicial review, by nine collective societies (Collectives). The Federal Court of Appeal partially granted the Collectives’ application for judicial review. It found that the Board did not err in capping the rates for 2014 and 2015 at the rates originally proposed by the Collectives. However, it did set aside the Board’s decision to the extent of its use of the wrong pricing data in its proxy price calculation and of the wrong profit margin. The matter was remitted back to the Board for determination.
Lower court rulings
Copyright Board Canada
CB-CDA 2019-056
Determination of quantum of royalty rates payable under the Tariff for the Retransmission of Distant Television Signals, 2014 2018.
Federal Court of Appeal
2021 FCA 148, A-45-19, A-47-18
Application for judicial review brought by
broadcasting distribution undertakings, dismissed (A 45 19).
Application for judicial review by Collectives granted in part and Board’s decision set aside only to the extent of its use of the wrong pricing data in its proxy price calculation and of the wrong profit margin set aside (A 45 19). Matter remitted to Board for redetermination of the rates in accordance with reasons.
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 613-996-8666 or at 1-844-365-9662.
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
Not available
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 613-996-8666 or at 1-844-365-9662.
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
Not available
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 613-996-8666 or at 1-844-365-9662.
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
Not available