Date: 19980529
Docket: A-332-97
C O R A M: STRAYER J.A.
LINDEN J.A.
McDONALD J.A.
IN THE MATTER OF Telecommunicarions Act, S.C. 1993, c.38;
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AND IN THE MATTER OF an application to the Canadian Radio-Television and Telecommunications Commission dated February 25, 1997 by UMG Cable Telecommunications Inc. for interim and other relief pursuant to sections 42(1), 43(5), 55 and 61 of the Telecommunications Act, S.C. 1993, c.38; |
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AND IN THE MATTER OF an interim order of the Canadian Radio-Television and Telecommunications Commission dated March 27, 1997, in file 4760-215(L); |
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AND IN THE MATTER OF the Federal Court Act, R.S.C. 1985, c.F-7, as amended. |
B E T W E E N:
ONTARIO HYDRO
Appellant
-- and --
UMG CABLE TELECOMMUNICATIONS INC.
Respondent
-- and --
CANADIAN RADIO-TELEVISION AND
TELECOMMUNICATIONS COMMISSION
Intervenor
HEARD at Ottawa, Ontario, on Friday, May 29, 1998
ORDER delivered from the Bench at Ottawa, on Friday, May 29, 1998
REASONS FOR ORDER BY: STRAYER J.A.
Date: 19980529
Docket: A-332-97
C O R A M: STRAYER J.A.
LINDEN J.A.
McDONALD J.A.
IN THE MATTER OF Telecommunicarions Act, S.C. 1993, c.38;
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AND IN THE MATTER OF an application to the Canadian Radio-Television and Telecommunications Commission dated February 25, 1997 by UMG Cable Telecommunications Inc. for interim and other relief pursuant to sections 42(1), 43(5), 55 and 61 of the Telecommunications Act, S.C. 1993, c.38; |
| |
AND IN THE MATTER OF an interim order of the Canadian Radio-Television and Telecommunications Commission dated March 27, 1997, in file 4760-215(L); |
| |
AND IN THE MATTER OF the Federal Court Act, R.S.C. 1985, c.F-7, as amended. |
B E T W E E N:
ONTARIO HYDRO
Appellant
-- and --
UMG CABLE TELECOMMUNICATIONS INC.
Respondent
-- and --
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
Intervenor
REASONS FOR ORDER
(Delivered from the Bench at Ottawa, Ontario
on Friday, May 29, 1998)
STRAYER J.A.
[1] We are all of the view that both motions to quash Ontario Hydro's originating notice for judicial review should be granted.
[2] We are satisfied that the grounds on which judicial review would be sought might also be the subject of an appeal under subsection 64(1) of the Telecommunications Act. According to the well-established jurisprudence of this Court section 18.5 of the Federal Court Act is a bar to a judicial review application in these circumstances.
J.A.
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