Teksavvy Solutions Inc. v. Bell Canada
TekSavvy Solutions Inc.
Bell Canada
Bragg Communications Incorporated c.o.b. as Eastlink
Rogers Communications Canada Inc.
Telus Communications Inc.
Law Firm / Organization
Unrepresented

- Parties: The appellant was Teksavvy Solutions Inc. The respondents were Bell Canada, Bragg Communications Incorporated c.o.b. as Eastlink, Cogeco Communications Inc., Rogers Communications Canada Inc., Shaw Cablesystems G.P., Videotron Limited, and Telus Communications Inc.

- Subject Matter: In 2019, the Canadian Radio-television and Telecommunications Commission (CRTC) issued a decision (CRTC 2019-288) setting certain rates. In a 2021 decision (CRTC-2021-181), the CRTC varied the 2019 decision based on a “substantial doubt” on the correctness of the rates set. The CRTC found the 2019 decision substantially incorrect on 13 of 14 issues. The appellant sought to quash the 2021 decision.

- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal. First, the appeal court rejected the appellant’s argument that the CRTC was impermissibly biased. The appeal court held that an informed, reasonable, and right-minded person viewing the matter realistically and practically and thinking the matter through would not find an actual or apprehended lack of impartiality on the CRTC chair’s part. Second, the appeal court rejected the appellant’s argument that the CRTC erred in law by not using any method or technique in setting rates. The appeal court noted that the CRTC relied on a 2016 decision setting rates and the “Phase II Costing Methodology.”

- Date: The hearing was set on Apr. 24, 2023. The court released its decision on July 22, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: The appeal court awarded costs in an unspecified amount.

Federal Court of Appeal
A-299-21
Media & communications law
$ 0
Respondent
08 November 2021