Bushnell Communications Ltd. (CJOH-TV) et al. v. Canada (Minister of Consumer and Corporate Affairs), (1986) 3 F.T.R. 100 (TD)

• Court: Federal Court (Canada)
• Case Date: December 16, 1985
• Jurisdiction: Canada (Federal)
• Citations: (1986), 3 F.T.R. 100 (TD)

Bushnell Com. Ltd. v. Can. (1986), 3 F.T.R. 100 (TD)

MLB headnote and full text

Bushnell Communications Limited (carrying on business as CJOH-TV) and Cap Communications Limited (carrying on business as CKCO-TV)(applicants) v. Minister of Consumer and Corporate Affairs, Honourable Michel Cote, The Performing Rights Organization of Canada Limited and The Composers', Authors' and Publishers' Association of Canada Ltd. (Respondents)

T-2692-85

Indexed As: Bushnell Communications Ltd. (CJOH-TV) et al. v. Canada (Minister of Consumer and Corporate Affairs)

Federal Court of Canada

Trial Division

Jerome, A.C.J.

January 16, 1986.

Summary:

The Commissioner of Patents (for the Minister of Consumer and Corporate Affairs) published a notice in the Canada Gazette requiring the filing of objections to fees, charges and royalties proposed by various performing rights societies, to be filed by October 15, 1985. Two television stations presented statements of objections on October 16, 1985, which were rejected. Hearings respecting the fees, charges and royalties were scheduled before the Copyright Appeal Board and objections received prior to October 15, 1985, were referred to the board. The television stations applied for mandamus to compel the Minister of Consumer and Corporate Affairs to refer their statements of objections to the board. The Federal Court of Canada, Trial Division, dismissed the application for mandamus, where there was no statutory duty imposed on the Minister to refer the late objections to the board.

Copyright - Topic 3431

Fees, charges and royalties - Performing rights societies - Objections - Late objections - Referral to Copyright Appeal Board - The Copyright Act, ss. 48 and 49 required the Minister of Consumer and Corporate Affairs to publish a performing rights society's statements of fees, charges and royalties, and give persons a set time to object - Objections were to be referred to the Copyright Appeal Board - The Minister published such a statement, objections to be filed by October 15, 1985 - Several objections were received, two on October 16, 1985 - The Federal Court of Canada, Trial Division, held that under the Act the Minister was not required to refer the late objections to the board.

Cases Noticed:

Rossi v. R., [1974] F.C. 532, refd to. [para. 4].

Statutes Noticed:

Copyright Act, R.S.C. 1970, c. C-30, sect. 48(1), sect. 48(2), sect. 48(3), sect. 49(1), sect. 49(2) [para. 2].

Counsel:

S.F. Waque and G. Maavara, for the applicants;

W.J. Miller, for the Minister of Consumer and Corporate Affairs;

S. Jolliffe, for the Performing Rights Organization of Canada Limited;

C. Paul Spurgeon, for the Composers', Authors' and Publishers' Association of Canada Limited.

Solicitors of Record:

Bordon & Elliott, Toronto, Ontario, for the applicants;

Frank Iacobucci, Deputy Attorney General of Canada, for the Minister of Consumer & Corporate Affairs;

Gowling & Henderson, Toronto, Ontario, for the Performing Rights Organization of Canada Limited;

C. Paul Spurgeon, Toronto, Ontario, for the Composers', Authors' and Publishers' Association of Canada Limited.

This application was heard at Toronto, Ontario, on December 16, 1985, before Jerome, A.C.J., of the Federal Court of Canada, Trial Division, who delivered the following decision on January 16, 1986: