Date: 20120320
Dockets: A-339-11
A-395-11
Citation: 2012 FCA 96
CORAM: SHARLOW J.A.
DAWSON J.A.
STRATAS J.A.
BETWEEN:
ASSOCIATION OF UNIVERSITIES
AND COLLEGES OF CANADA
and THE UNIVERSITY OF MANITOBA
and BRANDON UNIVERSITY
Applicants
and
THE CANADIAN COPYRIGHT
LICENSING AGENCY
OPERATING AS "ACCESS COPYRIGHT"
Respondent
and
COPYRIGHT BOARD OF CANADA
Intervener
Heard at Ottawa,
Ontario, on March 20,
2012.
Judgment delivered from the Bench at Ottawa, Ontario, on March 20, 2012.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW
J.A.
Date:
20120320
Dockets: A-339-11
Docket:
A-395-11
Citation:
2012 FCA 96
CORAM: SHARLOW
J.A.
DAWSON J.A.
STRATAS
J.A.
BETWEEN:
ASSOCIATION OF UNIVERSITIES AND COLLEGES
OF CANADA
and THE UNIVERSITY OF MANITOBA
and BRANDON UNIVERSITY
Applicants
and
THE CANADIAN COPYRIGHT LICENSING AGENCY
OPERATING AS "ACCESS
COPYRIGHT"
Respondent
and
COPYRIGHT BOARD OF CANADA
Intervener
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Ottawa, Ontario, on March 20, 2012)
SHARLOW J.A.
[1]
Before
the Court are two applications for judicial review of interlocutory decisions
of the Copyright Board rendered in connection with a proposed tariff entitled
“Educational Institutions Tariff (2011-2013)”. The decisions under review are
dated August 18, 2011 and September 23, 2011.
[2]
Despite
the able submissions of counsel for the applicants, we have concluded that
there are no special circumstances that would justify the intervention of the
Court at this stage of the proceedings before the Copyright Board. This is
manifestly a case where the Copyright Board should be permitted to complete its
work before the Court is called upon to consider administrative law remedies.
[3]
For
that reason, these applications for judicial review will be dismissed with
costs payable to the respondent.
“K.
Sharlow”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-339-11
(APPEAL
FROM INTERLOCUTORY DECISIONS OF THE COPYRIGHT BOARD DATED AUGUST 18, 2011 AND
SEPTEMBER 23, 2011)
STYLE OF CAUSE: ASSOCIATION
OF UNIVERSITIES AND COLLEGES OF CANADA
and
THE UNIVERSITY OF MANITOBA and BRANDON UNIVERSITY v. THE CANADIAN COPYRIGHT LICENSING
AGENCY
(OPERATING
AS "ACCESS COPYRIGHT" and COPYRIGHT BOARD OF CANADA
PLACE OF HEARING: OTTAWA
DATE OF HEARING: March 20, 2012
REASONS FOR JUDGMENT OF THE
COURT BY: (SHARLOW, DAWSON,
STRATAS JJ.A.)
DELIVERED FROM THE BENCH BY: SHARLOW J.A.
APPEARANCES:
|
Patricia J. Wilson
|
FOR
THE APPLICANT
|
|
Nancy Brooks
Randall
Hofley
Mario
Bouchard
|
FOR
THE RESPONDENT
FOR
THE INTERVENER
|
SOLICITORS
OF RECORD:
|
Osler, Hoskin & Harcourt LLP
|
FOR THE APPLICANT
|
|
Blake, Cassels & Graydon LLP
Counsel,
Copyright Board of Canada
|
FOR THE RESPONDENT
FOR THE INTERVENER
|
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