Date: 20050418
Docket: A-366-04
Citation: 2005 FCA 142
CORAM: RICHARD C.J.
NOËL J. A.
SEXTON J.A.
BETWEEN:
CHUM LIMITED
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
Heard at Toronto, Ontario, on April 18th, 2005.
Judgment delivered from the Bench at Toronto, Ontario, on April 18th, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20050418
Docket: A-366-04
Citation: 2005 FCA 142
CORAM: RICHARD C.J.
NOËL J. A.
SEXTON J.A.
BETWEEN:
CHUM LIMITED
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on April 18, 2005)
NOËL J.A.
[1] The Canadian Radio-television and Telecommunications Commission (CRTC) not having identified in any way the cause of the error committed in its final decision of January 21, 2004, has failed to bring itself within the exceptions to the principle of functus officio set out in Chandler v. Alberta Association of Architects, [1989] 2 S.C.R. 848. It follows that it had no authority to revisit its earlier decision and change the conditions of the licence issued to the Appellant.
[2] The appeal will be allowed and the decision of the CRTC dated February 27, 2004 will be set aside, with costs to the Appellant.
"Marc Noël"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-366-04
.
STYLE OF CAUSE: CHUM LIMITED
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: APRIL 18, 2005
REASONS FOR JUDGMENT
OF THE COURT: RICHARD C.J.
NOËL J.A.
SEXTON J.A.
DELIVERED FROM THE
BENCH BY: NOËL J.A.
APPEARANCES:
Mr. David Kent FOR THE APPELLANT
Ms. Shelley C. Quinn
Ms. Amy Porteous FOR THE RESPONDENT
SOLICITORS OF RECORD:
Millan Binch LLP
Toronto, Ontario FOR THE APPELLANT
John H. Sims, Q.C.
Deputy Attorney General of Canada FOR THE RESPONDENT
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