Copyright Collective of Canada v. Bell Canada, 2025 FCA 92
Justice Locke; Justice Biringer - 2025-05-08
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The case concerns judicial review of a Redetermination Decision made by the Copyright Board of Canada setting royalty rates for the retransmission of distant television signals for 2014-2018. The primary legal issue was whether the Board exceeded its jurisdiction by addressing matters not outlined in a previous judicial review decision that identified specific errors in the Board's calculations. The Federal Court of Appeal determined that the Board did exceed its jurisdiction by making additional modifications, including double-counting corrections and altering profit margins beyond those specified in the earlier decision. Specifically, while the Board corrected one error by applying the correct omitted payment data and a 10% profit margin for Canadian services, it incorrectly applied a 25% margin for US services without adequate justification. Consequently, the court concluded that the Redetermination Decision was flawed and required further revisions in line with the jurisdictional limitations established in the prior ruling.
Decision relates to:
- A-57-24 - COPYRIGHT COLLECTIVE OF CANADA et al. v. BELL CANADA et al.