Cogeco Cable Inc. v. Canadian Assn. of Internet Providers ( CAIP )
99-A-49
Noël J.A.
21/12/99
6 pp.
Application for leave to appeal decision made by CRTC under Telecommunications Act, s. 64 requiring Cogeco to make available to competitors, 90 days from date of decision, higher speed retail Internet Service (retail IS) for resale at 25% discount from lowest retail IS rate charged by Cogeco to cable customers during one month period-Cogeco applying before Court, on urgent basis, for interim stay of implementation of decision TD99-11 pending disposition of leave application-Public interest requiring decision of CRTC be implemented in timely fashion-CRTC noting in refusal to reconsider prior decision impugned order made for purpose of allowing competition in market for internet services, time of essence-Irreparable harm will result from public interest perspective if interim stay granted-Court compelled to weigh economic harm to befall Cogeco if continues to abide by TD99-11 between now and disposition of leave application and negative impact which interim stay would have on public interest inherent in timely implementation of decision in issue-Cogeco likely to suffer economic losses during interim period-However, such losses not quantified, not shown to affect ongoing viability-Public interest in insuring decision of CRTC implemented in accordance with terms far outweighing economic loss which Cogeco stands to suffer based on limited evidence placed before Court-Application dismissed-Telecommunications Act, S.C. 1993, c. 38, s. 64.