Federal Court of Appeal grants stay of wholesale rate decision

Originally published by the Wire Report
Author: Ahmad Hathout

The country’s largest telecoms have been granted a temporary halt to a CRTC decision that forced them to cut the amount of money they charged to resellers of their internet bandwidth.

Justice Yves de Montigny determined that the telecoms met the RJR-MacDonald three-part test for a stay of the decision, which requires the applicants to show clear harm, prove the concern is serious and is a matter that meets a convenience test that includes the public interest. He said that the respondents did not dispute the seriousness of the issues raised in the wholesale decision.

“I am also satisfied that the implementation of the CRTC Order could result in a permanent market distortion which could be extremely difficult to remedy afterwards,” de Montigny said in his decision.

Friday’s decision follows a series of developments beginning September 20, when the CRTC ordered the large telecoms to file new rates by September 25. That pushed Bell to ask the court for an emergency oral hearing on the matter on that CRTC deadline, citing “irreparable market disruption” if it had to file new tariffs ahead of a decision by the court.

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