Canadian Motion Picture Distributors Assn. v. Partners of Viewer's Choice Canada
A-90-96
Hugessen J.A.
26/6/96
8 pp.
Application for judicial review of four decisions rendered by CRTC granting licences for "direct to home pay per view" programming to respondents-Applicants taking issue with two conditions attached to licences relating to revenue splitting and purchase of rights from Canadian distributors-Applicants claiming standing under Federal Court Act, s. 18.1(1) as being "directly affected" by matter-No evidence any of applicants has actual contractual relationship for distribution with any of licensees-Had interest in licensing proceedings before CRTC and such interest would have been enough to support intervention at Commission's hearings and, probably, appeal-Not enough for standing to seek judicial review of decision in which might have participated but did not-No breach of rules of natural justice-Applicants had full, actual notice of CRTC hearings-Aware issues relating to revenues from new technology likely to arise-Sophisticated players in field who cannot now complain of insufficient notice-Further, Commission not exceeding statutory mandate and not suggested Commission's findings of fact patently unreasonable-No lack of rational connection between conditions imposed and statutory objectives of Canadian broadcasting policy-Finally nothing constitutionally impermissible in what Commission did-Not veiled attempt to regulate film production or film distribution under provincial jurisdiction-Applications dismissed-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1(1) (as enacted by S.C. 1990, c. 8, s. 5).