Association of Universities and Colleges of Canada v. Canadian Copyright Licensing Agency (Access Copyright)

Association of Universities and Colleges of Canada v. Canadian Copyright Licensing Agency (Access Copyright)
Court (s) Database
Federal Court of Appeal Decisions
Date
2012-03-20
Neutral citation
2012 FCA 96
File numbers
A-339-11
Decision Content
Federal Court of Appeal
Cour d'appel fédérale
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.
Federal Court of Appeal
Cour d'appel fédérale
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”
J.A.
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