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.
32611
Consumers' Association of Canada, et al. v. Canadian Radio-Television and Telecommunications Commission, 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) |
---|---|---|
2009-09-21 | Appeal closed | |
2009-09-21 | Formal judgment sent to the registrar of the court of appeal and all parties | |
2009-09-21 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
2009-09-18 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Federal Court of Appeal, Number A-517-06, 2008 FCA 91, dated March 7, 2008, heard on March 26, 2009, is dismissed without costs. Dismissed, without costs |
|
2009-04-14 | Transcript received, (92 pages) | |
2009-03-26 | Correspondence received from, Request for 2 reserve seating | Bell Canada |
2009-03-26 |
Hearing of the appeal, 2009-03-26, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
2009-03-26 | Judgment reserved OR rendered with reasons to follow | |
2009-03-26 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
2009-03-26 | Respondent's condensed book, Rec'd in Court on March 26, 2009 | Bell Canada |
2009-03-26 | Respondent's condensed book, Rec'd in Court on March 26, 2009 | Telus Communications Inc. and Telus Communications (Québec) Inc. |
2009-03-26 | Respondent's condensed book, Rec'd in Court March 26, 2009 | MTS Allstream Inc. |
2009-03-26 | Appellant's condensed book, Rec'd in Court March 26, 2009 | Consumers' Association of Canada |
2009-03-26 | Respondent's condensed book, Rec'd in Court March 26, 2009 | Canadian Radio-Television and Telecommunications Commission |
2009-03-12 | Notice of appearance, John Laskin and Afshan Ali will be appearing | Canadian Radio-Television and Telecommunications Commission |
2009-03-11 | Notice of appearance, Neil Finkelstein, Catherine Beagan Flood and Rahat Godil will be appearing | Bell Canada |
2009-03-11 | Notice of appearance, Richard Stephenson and Danny Kastner will be present at the hearing. | Consumers' Association of Canada |
2009-03-10 | Notice of appearance, Michael H. Ryan, John E. Lowe, Stephen R. Schgmidt and Sonya A. Morgan will be appearing | Telus Communications Inc. and Telus Communications (Québec) Inc. |
2009-03-10 | Notice of appearance, Michael Koch, Dina F. Graser will be appearing | MTS Allstream Inc. |
2009-02-13 | Appeal perfected for hearing | |
2009-02-13 |
Order by, CJ, UPON MOTION by the Appellant Bell Canada for an order increasing the aggregate time and allocating the time for oral argument of the parties in this appeal and Court File No. 32611, which are to be heard together; AND HAVE READ the materials filed in this motion; IT IS HEREBY ORDERED THAT: 1. The time for oral argument at the hearing of this appeal and Court File No. 32611 shall be allocated as follows: Bell and Telus (as appellants and respondents): 1 hour and 10 minutes MTS (as respondent): 20 minutes Consumers’ Association of Canada and National Anti-Poverty Organization (“CAC/NAPO”) (as respondents and appellants): 1hour CRTC (as respondent): 30 minutes Bell and Telus (in reply): 10 minutes 2. No costs of this motion shall be granted. Allowed in part, no order as to costs |
|
2009-02-12 | Respondent's book of authorities, Completed on: 2009-02-16 | Bell Canada |
2009-02-12 | Respondent's factum, Completed on: 2009-02-16 | Bell Canada |
2009-02-12 | Respondent's book of authorities, CD and form rec'd Feb 18/09, Completed on: 2009-03-02 | Canadian Radio-Television and Telecommunications Commission |
2009-02-12 | Respondent's factum, CD and form rec'd Feb. 18/09, Completed on: 2009-03-02 | Canadian Radio-Television and Telecommunications Commission |
2009-02-12 | Respondent's book of authorities, Completed on: 2009-02-12 | MTS Allstream Inc. |
2009-02-12 | Respondent's factum, Completed on: 2009-02-12 | MTS Allstream Inc. |
2009-02-11 | Respondent's book of authorities, Service rec'd Mar. 2/09, Completed on: 2009-03-02 | Telus Communications Inc. and Telus Communications (Québec) Inc. |
2009-02-11 | Respondent's factum, service rec'd Mar. 2/09, Completed on: 2009-03-02 | Telus Communications Inc. and Telus Communications (Québec) Inc. |
2009-01-26 | Correspondence received from, Ivana Petricone dated Jan. 23/09 re: will not participate in the appeal | Arch Disability Law Centre |
2009-01-23 | Correspondence received from, Michael Koch re: will not make any submission in file 32607 | MTS Allstream Inc. |
2009-01-06 | Correspondence received from, Mr. Laskin re: Anthony McIntyre of the CRTTC will be agent for them | Canadian Radio-Television and Telecommunications Commission |
2008-12-23 | Correspondence received from, Dina Graser dated Dec. 23, 2008 re: MTS will be participating and their agent is Nelligan O'Brien Payne | MTS Allstream Inc. |
2008-12-18 | Appellant's book of authorities, (Vol. I to III - CD and Form rec'd Dec. 23/08), Completed on: 2008-12-23 | Consumers' Association of Canada |
2008-12-18 | Appellant's factum, (CD and Form rec'd Dec. 23/08), Completed on: 2008-12-23 | Consumers' Association of Canada |
2008-12-17 | Appellant's record, (Vol. I to VIII - Joint with 32607 - certificate rec'd Dec. 23/08), Completed on: 2008-12-23 | Consumers' Association of Canada |
2008-11-24 | Notice of hearing sent to parties | |
2008-11-24 |
Appeal hearing scheduled, 2009-03-26 Judgment reserved |
|
2008-10-27 | Notice of appeal, Completed on: 2008-10-27 | Consumers' Association of Canada |
2008-10-01 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
2008-09-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
2008-09-26 | Judgment on leave sent to the parties | |
2008-09-25 |
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-517-06, 2008 FCA 91, dated March 7, 2008, is granted. This case is to be heard with Bell Canada, et al. v. Bell Aliant Regional Communications, Limited Partnership, et al. (32607). Granted |
|
2008-07-28 | All materials on application for leave submitted to the Judges, Bi F Abe | |
2008-06-12 | Applicant's reply to respondent's argument, Completed on: 2008-06-12 | Consumers' Association of Canada |
2008-06-06 | Respondent's response on the application for leave to appeal, Completed on: 2008-06-06 | Canadian Radio-Television and Telecommunications Commission |
2008-06-05 | Respondent's response on the application for leave to appeal, Completed on: 2008-06-10 | Telus Communications Inc. and Telus Communications (Québec) Inc. |
2008-06-05 | Respondent's response on the application for leave to appeal, (Letter Form), from D. McAllister, by fax, dated June 5, 2008 re: takes no position, Completed on: 2008-06-05 | Arch Disability Law Centre |
2008-06-04 | Book of authorities, (1 copy missing - rec'd June 12, 2008) | MTS Allstream Inc. |
2008-06-04 | Respondent's response on the application for leave to appeal, Completed on: 2008-06-04 | MTS Allstream Inc. |
2008-06-04 | Respondent's response on the application for leave to appeal, (Letter Form), from D. Campbell, dated June 4, 2008 re: does not oppose to leave appl., Completed on: 2008-06-05 | Bell Aliant Regional Communications, Limited Partnership |
2008-06-03 | Respondent's response on the application for leave to appeal, (Letter Form), from C. Beagan Flood, by fax dated June 3, 2008 re: takes no position, Completed on: 2008-06-05 | Bell Canada |
2008-05-08 | Letter acknowledging receipt of a complete application for leave to appeal | |
2008-05-06 | Book of authorities | Consumers' Association of Canada |
2008-05-06 | Application for leave to appeal, (acknowledgement by Telus on May 6/08 rec'd from Gowlings by e-mail on June 10/08), Completed on: 2008-05-06 | Consumers' Association of 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 |
---|---|---|
Consumers' Association of Canada | Appellant | Active |
National Anti-Poverty Organization | Appellant | Active |
v.
Name | Role | Status |
---|---|---|
Canadian Radio-Television and Telecommunications Commission | Respondent | Active |
Bell Aliant Regional Communications, Limited Partnership | Respondent | Active |
Bell Canada | Respondent | Active |
Arch Disability Law Centre | Respondent | Active |
MTS Allstream Inc. | Respondent | Active |
Telus Communications Inc. and Telus Communications (Québec) Inc. | Respondent | Active |
Counsel
Party: Consumers' Association of Canada
Counsel
Danny Kastner
501 - 250 University Ave
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4325
FAX: (416) 646-4335
Email: richard.stephenson@paliareroland.com
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: National Anti-Poverty Organization
Counsel
Danny Kastner
501 - 250 University Ave
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4325
FAX: (416) 646-4335
Email: richard.stephenson@paliareroland.com
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Radio-Television and Telecommunications Commission
Counsel
Afshan Ali
3000 Maritime Life Tower, TD Centre
79 Wellington Street West
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7317
FAX: (416) 865-7380
Email: jlaskin@torys.com
Agent
1 Promenade du Portage
Gatineau, Quebec
K1A 4B1
Telephone: (819) 994-7572
FAX: (819) 953-0589
Email: anthony.mcintyre@crtc.gc.ca
Party: Bell Aliant Regional Communications, Limited Partnership
Counsel
1100 - 1959 Upper Water Street
Halifax, Nova Scotia
B3J 3N2
Telephone: (902) 421-6262
FAX: (902) 421-3130
Email: dmcampbell@coxandpalmer.com
Party: Bell Canada
Counsel
Cathy Beagan Flood
David Kidd
Rahat Godil
Suite 5300, TD Bank Tower
Toronto Dominion Centre
Toronto, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Arch Disability Law Centre
Counsel
425 Bloor Street East
Suite 110
Toronto, Ontario
M42 3R5
Telephone: (416) 482-8255
FAX: (416) 482-2981
Agent
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
Party: MTS Allstream Inc.
Counsel
Dina F. Graser
150 Yonge Street
Suite 2400
Toronto, Ontario
M5B 2M6
Telephone: (416) 979-2211
FAX: (416) 979-1234
Email: mkoch@goodmans.ca
Agent
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: Telus Communications Inc. and Telus Communications (Québec) Inc.
Counsel
Michael H. Ryan
Stephen R. Schmidt
Sonya A. Morgan
Suite 1400, 350 7th Ave S.W.
Calgary, Alberta
T2P 3N9
Telephone: (403) 260-0257
FAX: (403) 260-0332
Email: jel@bdplaw.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
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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.
Administrative law - Regulatory boards - Canadian Radio-Television and Telecommunications Commission - Jurisdiction and powers - Appeal from CRTC order regarding disposition of funds in deferral accounts held by Bell and other telecommunications companies - Does a proper construction of the Telecommunications Act permit the CRTC to rely on ss. 7 and 27, in order to permit the disposition of monies, collected as just and reasonable rates, for initiatives to expand broadband services?
Under the February 16, 2006 CRTC Deferral Accounts Decision, the Commission concluded that each incumbent local exchange carrier should use funds in their deferral accounts for initiatives to expand broadband services to rural and remote communities and to improve accessibility to telecommunications services for persons with disabilities. Any accumulated balance remaining in the deferral accounts after these initiatives have been approved by the Commission, were directed to be rebated to the residential local subscribers in non-high cost service areas. The applicants were granted leave to appeal the Telecom Decision CRTC 2006-9. The Federal Court of Appeal dismissed the appeal.
Lower court rulings
Federal Court of Appeal
06-A-18
Leave to appeal granted
Federal Court of Appeal
A-517-06, 2008 FCA 91
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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.
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