On May 23, 2019, the Canadian Radio-television and Telecommunications Commission (CRTC) issued Broadcasting Decision CRTC 2019-172 (the "Decision"), in which it approved the application by Rogers Media Inc. ("Rogers") for a broadcasting licence to operate a national, multilingual multi-ethnic discretionary service to be known as OMNI Regional.
The Federal Court of Appeal received an application for leave to appeal (the "Application") concerning the Decision from Independent Community Television Montreal (ICTV or the "Applicant"), an unsuccessful applicant in the CRTC’s licensing process. ICTV claimed that the CRTC made an error of law or jurisdiction based on a reasonable apprehension of bias.
The Federal Court of Appeal ordered that the motion for leave to appeal be dismissed, with costs, finding that the applicant did not demonstrate an arguable case that the decision of the CRTC made an error of law or jurisdiction based on a reasonable apprehension of bias.
Fasken acted for Rogers with respect to its successful response to the Application with a team comprised of Scott Prescott and Leslie Milton.
Jurisdiction
- Canada
