Ottawa Cablevision Ltd. v. Bell Canada, (1974) 1 N.R. 413 (FCA)

• Judge: Jackett, C.J., Thurlow, J. and MacKay, D.J.
• Court: Federal Court of Appeal (Canada)
• Case Date: January 30, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 1 N.R. 413 (FCA)

Ottawa Cablevision Ltd. v. Bell Can. (1974), 1 N.R. 413 (FCA)

MLB headnote and full text

Ottawa Cablevision Ltd. v. Bell Canada

Indexed As: Ottawa Cablevision Ltd. v. Bell Canada

Federal Court of Appeal

Jackett, C.J., Thurlow, J. and MacKay, D.J.

January 30, 1974.

Summary:

This application for leave to appeal to the Federal Court of Appeal arose out of an application to the Canadian Transport Commission by several cable television companies. The cable television companies asked the Canadian Transport Commission to compel the Bell Telephone Company of Canada to provide telephone poles on which the cable television companies could put their own coaxial cable. Also the cable television companies asked the Canadian Transport Commission to amend certain provisions in the contract between the Bell Telephone Company of Canada and the cable television companies. The Canadian Transport Commission refused to consider the request by the cable television companies because it found that it had no jurisdiction to entertain such a request pursuant to s. 5(1) of the Bell Telephone Company of Canada Act. The Federal Court of Appeal refused an application for leave to appeal from the decision from the Canadian Transport Commission with its respect to its decision as to its jurisdiction.

Thurlow, J., dissenting would have granted the application for leave to appeal - see paragraph 13.

Administrative Law - Topic 9050

Jurisdiction of boards and tribunals - Jurisdiction of Canadian Transport Commission - Bell Telephone Company of Canada Act, s. 5 - Whether the Canadian Transport Commission had jurisdiction to compel the Bell Telephone Company to provide certain facilities to cable television companies and to amend the contracts between the Bell Telephone Company and the cable television companies - The Federal Court of Appeal refused an application for leave to appeal from a decision of the Canadian Transport Commission which decided that it had no jurisdiction to compel the Bell Telephone Company to provide the facilities requested by the cable television companies.

Statutes Noticed:

Bell Telephone Company of Canada Act, S.C. 1967-68, c. 48, sect. 6 enacting sect. 5 [para. 1].

Counsel:

G. Henderson, Q.C. and W.G. Robinson, for the applicants;

E.E. Saunders, Q.C., for the respondent;

W.G. St. John, for the Canadian Transport Commission.