ASSOCIATION OF UNIVERSITIES v. COLLEGES OF, 2012 FCA 96

Federal Court of Appeal Cour d'appel fédérale Federal Court of Appeal Cour d'appel fédérale Date: 20120320 Dockets: A-339-11 A-395-11 Citation: 2012 FCA 96 CORAM: SHARLOW J.A. DAWSON J.A. STRATAS J.A. BETWEEN: ASSOCIATION OF UNIVERSITIES AND COLLEGES OF CANADA and THE UNIVERSITY OF MANITOBA and BRANDON UNIVERSITY Applicants and THE CANADIAN COPYRIGHT LICENSING AGENCY OPERATING AS "ACCESS COPYRIGHT" Respondent and COPYRIGHT BOARD OF CANADA Intervener Heard at Ottawa, Ontario , on March 20, 2012. Judgment delivered from the Bench at Ottawa, Ontario , on March 20, 2012.

REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20120320 Dockets: A-339-11 Docket: A-395-11 Citation: 2012 FCA 96 CORAM: SHARLOW J.A.

DAWSON J.A. STRATAS J.A. BETWEEN: ASSOCIATION OF UNIVERSITIES AND COLLEGES OF CANADA and THE UNIVERSITY OF MANITOBA and BRANDON UNIVERSITY Applicants and THE CANADIAN COPYRIGHT LICENSING AGENCY OPERATING AS "ACCESS COPYRIGHT" Respondent and COPYRIGHT BOARD OF CANADA Intervener REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa , Ontario, on March 20, 2012) SHARLOW J.A. [ 1 ] Before the Court are two applications for judicial review of interlocutory decisions of the Copyright Board rendered in connection with a proposed tariff entitled “Educational Institutions Tariff (2011-2013)”.

The decisions under review are dated August 18, 2011 and September 23, 2011. [ 2 ] Despite the able submissions of counsel for the applicants, we have concluded that there are no special circumstances that would justify the intervention of the Court at this stage of the proceedings before the Copyright Board. This is manifestly a case where the Copyright Board should be permitted to complete its work before the Court is called upon to consider administrative law remedies. [ 3 ] For that reason, these applications for judicial review will be dismissed with costs payable to the respondent. “K. Sharlow” J.A.

FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET: A-339-11 (APPEAL FROM INTERLOCUTORY DECISIONS OF THE COPYRIGHT BOARD DATED AUGUST 18, 2011 AND SEPTEMBER 23, 2011) STYLE OF CAUSE: ASSOCIATION OF UNIVERSITIES AND COLLEGES OF CANADA and THE UNIVERSITY OF MANITOBA and BRANDON UNIVERSITY v. THE CANADIAN COPYRIGHT LICENSING AGENCY (OPERATING AS "ACCESS COPYRIGHT" and COPYRIGHT BOARD OF CANADA PLACE OF HEARING: OTTAWA DATE OF HEARING: March 20, 2012 REASONS FOR JUDGMENT OF THE COURT BY: (SHARLOW, DAWSON , STRATAS JJ.A.) DELIVERED FROM THE BENCH BY: SHARLOW J.A. APPEARANCES : Patricia J.

Wilson FOR THE APPLICANT Nancy Brooks Randall Hofley Mario Bouchard FOR THE RESPONDENT FOR THE INTERVENER SOLICITORS OF RECORD : Osler, Hoskin & Harcourt LLP FOR THE APPLICANT

Blake, Cassels & Graydon LLP Counsel, Copyright Board of Canada FOR THE RESPONDENT FOR THE INTERVENER