Canadian Broadcasting Corp. v. Canada ( Copyright Board )
A-794-91
Hugessen J.A.
10/3/93
5 pp.
S. 28 application to set aside Copyright Board decision certifying and publishing "Statement of Royalties" (Tariff 2D) to be paid by CBC to SOCAN-Board's decision not "interim decision" under Copyright Act, s. 66.51-Decision fixing definitively formula for establishing Tariff 2D for 1991, settling merits of question before Board-Board not exceeding jurisdiction by relying on payments made by private commercial broadcasters-Payments by private broadcasters at arms length in respect of similar or identical products relevant to determination of true market value of products-Board's jurisdiction to decide Tariff 2D should be function of Tariff 2A not contested-Application dismissed-Copyright Act, R.S.C., 1985, c. C-42, s. 66.51 (as enacted by R.S.C., 1985 (4th Supp.), c. 10, s. 12).