Leave to Appeal Granted in Cable Access Suit

Alan H. Mark and Peter D. Ruby of Goodman Phillips & Vineberg’s Toronto office are representing Ontario’s municipal electric utilities, and Thomas G. Heintzman, Q.C., and Susan L. Gratton of McCarthy Tétrault are representing Canadian Cable Television Association in a dispute over whether the Canadian Radio-Television and Telecommunications Commission (CRTC) has the authority to grant the cable companies access, for a low fee, to power poles to attach their cable wires. In a 1999 decision the federal telecommunications regulator asserted constitutional and statutory jurisdiction over the provincially-regulated power utilities. Leave was granted on January 13, 2000 to appeal the CRTC’s decision to the Federal Court of Appeal.