Case information

Administrative law — Appeals — Jurisdiction — Boards and Tribunals — Canadian Radio-television and Telecommunications Commission — Jurisdiction — Review of decisions — What is the meaning of the words “any method or technique” in s. 27(5) of the Telecommunications Act, S.C. 1993, c. 38, and what, if any, guardrails exist to circumscribe the CRTC’s jurisdiction and authority to select a method or technique in setting rates? — Should reviewing courts set aside administrative decisions on grounds of bias where required by broader interests of justice, despite a private party’s purported waiver in raising bias? — When does a party waive the right to allege bias, when that allegation stems from a constellation of facts, taken together?

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 applicant, TekSavvy Solutions Inc., appealed to the Federal Court of Appeal from a 2021 decision of the Canadian Radio-television and Telecommunications Commission (“CRTC”) in which it varied a 2019 decision. In that 2019 decision, the CRTC had set certain rates that competing internet service providers, such as the applicant, pay to telecommunications companies, such as the respondents, in order to have access to their internet facilities and infrastructures to then provide internet access to their own retail customers. The Federal Court of Appeal unanimously dismissed the applicant’s appeal.