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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.

List of proceedings
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

Main parties - Appellants
Name Role Status
Consumers' Association of Canada Appellant Active
National Anti-Poverty Organization Appellant Active

v.

Main parties - Respondents
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
Richard P. Stephenson
Danny Kastner
Paliare, Roland, Rosenberg, Rothstein, LLP
501 - 250 University Ave
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4325
FAX: (416) 646-4335
Email: richard.stephenson@paliareroland.com
Agent
Robert E. Houston, Q.C.
Burke-Robertson
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
Richard P. Stephenson
Danny Kastner
Paliare, Roland, Rosenberg, Rothstein, LLP
501 - 250 University Ave
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4325
FAX: (416) 646-4335
Email: richard.stephenson@paliareroland.com
Agent
Robert E. Houston, Q.C.
Burke-Robertson
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
John B. Laskin
Afshan Ali
Torys LLP
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
Anthony McIntyre
Canadian Radio-Television and Telecommunications Commission
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
Daniel M. Campbell, Q.C.
Cox & Palmer
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
Neil Finkelstein
Cathy Beagan Flood
David Kidd
Rahat Godil
McCarthy Tétrault LLP
Suite 5300, TD Bank Tower
Toronto Dominion Centre
Toronto, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
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
Ivana Petricone
ARCH: A Resource Centre for Persons with Disabilities
425 Bloor Street East
Suite 110
Toronto, Ontario
M42 3R5
Telephone: (416) 482-8255
FAX: (416) 482-2981
Agent
Chantal Tie
South Ottawa Community Legal Services
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401

Party: MTS Allstream Inc.

Counsel
Michael Koch
Dina F. Graser
Goodmans LLP
150 Yonge Street
Suite 2400
Toronto, Ontario
M5B 2M6
Telephone: (416) 979-2211
FAX: (416) 979-1234
Email: mkoch@goodmans.ca
Agent
Dougald E. Brown
Nelligan O'Brien Payne LLP
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
John Lowe
Michael H. Ryan
Stephen R. Schmidt
Sonya A. Morgan
Burnet, Duckworth & Palmer
Suite 1400, 350 7th Ave S.W.
Calgary, Alberta
T2P 3N9
Telephone: (403) 260-0257
FAX: (403) 260-0332
Email: jel@bdplaw.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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

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.

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

September 22, 2006
Federal Court of Appeal

06-A-18

Leave to appeal granted

March 7, 2008
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.

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Factums on appeal

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Date modified: 2025-02-27