Réseaux Premier Choix Inc. v. Canadian Cable Television Assn.
A-759-96
Linden J.A.
11/12/97
14 pp.
Application for judicial review of Copyright Board's decision setting tariff rates for cable television operators-Tariff rate determining amount of royalties paid by cable television operators to composers, authors, musicians, other owners of copyrighted material-Board granting 15% reduction (the Adjustment) in tariff for Canadian specialty cable services delivered to Francophone markets-Whether Board erred in not extending adjustment to include Canadian pay and American specialty services-Board empowered to set tariff rates under Copyright Act-In application for judicial review, determination of standard of review first task of Court-Where legislature has developed specialized body to deal with technical problems, decisions of body should be given considerable weight-Where highly specialized tribunal deciding issue within jurisdiction, Court should afford it considerable degree of deference, despite absence of privative clause, presence of statutory right of appeal-Copyright Board expert Board, must consider complicated evidence in area of economics, cable technology, statistics-Tribunal better placed to make decision in question than Court-Technical, economic issues having ramifications for broadcasting industry better understood by Board than by appellate court-Appropriate standard of review herein patent unreasonableness-Absence of statutory right of appeal, wide discretion given to Board, highly technical nature of Board's subject-matter warrant utmost deference, even though no privative clause-Board's decision to deny extension of Quebec adjustment to Canadian pay and American specialty services not patently unreasonable, clearly irrational-Application dismissed-Copyright Act, R.S.C., 1985, c. C-42.