Victory at the Supreme Court for Rogers Communications

The Court unanimously allowed Rogers’ appeal against the City of Châteauguay. In this important ruling, which radiocommunications service providers and municipalities across Canada had been eagerly awaiting, the Supreme Court held that the City of Châteauguay’s attempt to determine the location of a radiocommunications antenna in its territory by way of a notice of reserve and expropriation was ultra vires.The Court ruled that the municipality had illegally usurped an exclusive federal power. A majority of the Court ruled in favour of Rogers, both as to the pith and substance of the municipality’s actions as well as pursuant to the doctrine of interjurisdictional immunity. The Court observed that Châteauguay had acted with the express purpose of preventing Rogers from erecting the tower in the location the federal Minister of Industry had authorized.Rogers Communications was represented by a team from Fasken Martineau led by Pierre Lefebvre, Vincent Cérat Lagana, Nikolas Blanchette (Litigation and Dispute Resolution), and Leslie Milton and Yael Wexler (Communications). To consult the judgment, please click here.