Socan v. Apple Canada Inc. et al., 2026 FCA 122
Justice Laskin; Justice Monaghan; Justice Roussel - 2026-06-29
Read full decision. Automatically generated summary:
SOCAN initiated a proceeding before the Copyright Board seeking an order of the Board establishing the royalty rates SOCAN will collect for 2014–2026 from users of musical works in online audiovisual services and user-generated content services. ... During case management, the Board decided to divide the proceeding into two phases and identified “four preliminary issues” to be considered in Phase I ... SOCAN filed an application for judicial review of the Phase I Ruling. ... They contend that the Phase I Ruling is an interlocutory one in a larger and ongoing administrative process and is therefore not a “decision” amenable to judicial review; that even if it were a decision that could be judicially reviewed in principle, SOCAN has not exhausted adequate and effective alternative recourse; and that no exceptional circumstances exist to justify early judicial intervention. ... For the following reasons, I would grant the motion to strike and dismiss the application for judicial review. While I agree the respondents are entitled to costs, I agree with SOCAN that a costs award of $5,000 is more appropriate in the circumstances.
Decision relates to:
- A-26-26 - SOCIETY OF COMPOSERS, AUTHORS AND MUSIC PUBLISHERS OF CANADA v. APPLE CANADA INC. et al.