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Memorandum of Argt]Ment of the Intervener, Telus Communications Inc MEMORANDUM OF ARGT]MENT OF THE INTERVENER, TELUS COMMUNICATIONS INC. SCC Court File No.:37896 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE FEDERAL COURT OF APPEAL) BETWEEN BELL CANADA AND BELL MEDIA INC. Appellants (Appellants) and ATTORNEY GENERAL OF CANADA I \\, Respondent (Respondent) and CANADIAN RAD IO -TELEVIS ION AND TELEC OMMUNICATIONS COMMIS SION Intervener (Pursuant to Rule 22(3)(c)(iv)) and ATTORNEY GENERAL OF ONTAzuO, ATTORNEY GENERAL OF QUEBEC, ATTORNEY GENERAL OF BzuTISH COLUMBIA, ATTORNEY GENERAL F,OR SASKATCHEWAN, ADVOCACY CENTRE FOR TENANTS ONTARIO, ONTARIO SECURITIES COMMIS SION, BRITISH COLUMBIA SECURITIES COMMIS SION AND ALBERTA SECUzuTIES COMMISSION, ECOruSTICE CANADA SOCIETY, WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL (ONTARIO), WORKERS' COMPEN SATION APPEALS TRIBUNAL (NORTHWES T TERzuTORIES AND NUNAVUT), WORKERS' COMPENSATION APPEALS TRIBUNAL (NOVA SCOTIA), APPEALS COMMISSION FOR ALBERTA WORKERS' COMPENSATION AND WORKERS' COMPENSATION APPEALS TRIBUNAL (NEW BRUNSWICK), BRITISH COLUMBIA INTERNATIONAL COMMERCIAL ARBITRATION CENTRE FOUNDATION, COUNCIL OF CANADIAN ADMINIS TRATIVE TRIBI-]NALS, CAMBRIDGE COMPARATIVE ADMINISTRATIVE LAW FORUM, NATIONAL ACADEMY OF ARBITRATORS, ONTARIO LABOUR-MANAGEMENT ARBITRATORS'ASSOCIATION AND CONFERENCE DES ARBITRES DU QUEBEC, -t I ' -l CANADIAN LABOUR CONGRESS, NATIONAL ASSOCIATION OF PHARMACY I REGULATORY AUTHORITIES, QUEEN:S PRISON LAW CLINIC, ADVOCATES FOR THE RULE OF LAW, SAMUELSON-GLUSHKO CANADIAN INTERNET l POLICY AND PUBLIC INTEREST CLINIC, CANADIAN BAR ASSOCIATION, FIRST NATIONS CHILD AND FAMILY CARING SOCIETY OF CANADA, BLUE ANT MEDIA INC., CANADIAN BROADCASTING CORPORATION, DHX MEDIA LTD., GROUPE V MEDIA INC.,INDEPENDENT BROADCAST GROUP, ABORIGINAL PEOPLES TELEVISION NETIVORK, ALLARCO ENTERTAINMENT INC., BBC KIDS, CHANNEL ZERO, ETHNIC CHANNELS GROUP LTD., HOLLYWOOD SUITE, OUTTV NETWORK INC., STINGRAY DIGITAL GROUP INC., TV5 QUEBEC CANADA, ZOOMERMEDIA LTD. AND PELMOREX WEATHER NETWORKS (TELEVTSION) INC. AND TELUS COMMUNTCATIONS [NC., ASSOChTTON OF CANADIAN ADVERTISERS AND ALLIANCE OF CANADIAN CINEMA, TELEVISION AND RADIO ARTISTS Interveners and AUDREY BOCTORAND DANIEL ruTRAS Amici Curiae Court File No. 37897 IN THE SUPREME COURT OF CANADA (oN APPEAL FROM THE FEDERAL COURT OF ePPnAr; BETWEEN: NATIONAL FOOTBALL LEAGUE, NFL INTERNATIONAL LLC AND NFL PRODUCTIONS LLC Appellants (Appellants) and ATTORNEY GENERAL OF CANADA Respondent (Respondent) and CANADIAN RADIO-TELEVIS ION AND TELECOMMUNICATIONS COMMIS SION Intervener .l 't { I --t (Pursuant to Rule 22(3XcXiv)) i i and ATTORNEY GENERAL OF ONTARIO, ATTORNEY GENERAL OF I QUEBEC, ATTORNEY GENERAL OF BRITISH COLUMBIA, ATTORNEY GENERAL FOR SASKATCHEWAN, ADVOCACY CENTRE FOR TENANTS ONTARIO, ONTARIO I SECURITIES COMMIS SION, BRITISH COLUMBIA SECURITIES COMMISSION AND ALBERTA SECURITIES COMMISSION, ECOJUSTICE CANADA SOCIETY, WORKPLACE SAFETY AND INSURANCE APPEALS TRIBI.INAL (ONTARIO), WORKERS' COMPENSATION APPEALS TzuB UNAL (NORTHWES T TERzuTORIES AND NUNAVUT), WORKERS' COMPENSATION APPEALS TRIBUNAL (NOVA SCOTIA), APPEALS COMMISSION FOR ALBERTA WORKERS' COMPENSATION AND WORKERS' COMPENSATION APPEALS TzuBUNAL (NEW BRUNS WICK), BRITI SH COLUMBIA INTERNATIONAL COMMERCIAL ARB ITRATION CENTRE FOUNDATION, COUNCIL OF CANADIAN ADMINIS TRATIVE TRIBUNAL S, CAMBRIDGE COMPARATIVE ADMINISTRATIVE LAW FORUM, NATIONAL ACADEMY OF ARBITRATORS, ONTARIO LAB OUR-MANAGEMENT ARBITRATORS'ASSOCIATION AND CONFERENCE DES ARBITRES DU QUEBEC, CANADIAN LABOUR CONGRESS, NATIONAL ASSOCIATION OF PFIARMACY REGULATORY AUTHORITIES, QUEEN'S PRI$ON LAW CLINIC, ADVOCATES FOR THE RULE OF LAW, SAMUELSON-GLUSHKO CANADIAN INTERNET POLICY AND PIJBLIC INTEREST CLINIC, CANADIAN BAR ASSOCIATION, FIRST NATIONS CHILD AND FAMILY CARING SOCIETY OF CANADA, TELUS COMMUNICATIONS [NC., ASSOCIATION OF CANADIAN ADVERTISERS AND ALLIANCE OF CANADIAN CINEMA, TELEVISION AND RADIO ARTISTS Interveners and AUDREY BOCTOR AND DANIEL ruTRAS Amici Curiae I I .i MEMORANDTJM OF ARGT]MENT OF THE INTERVENER, TELUS COMMTINICATIONS INC. I _l October 29, 2018 Nelligan O'Brien Payne LLP 50 O'Connor Street Suite 1500 Ottawa, Ontario KIP 6L2 Christopher Rootham Michael Ryan Telephone: 613 231-8080 Fax: 613 238-2098 E-mail: [email protected] Counsel for the Intervener, Telus Communications Inc. TO: THE SUPREME COURT OF CANADA 301 Wellington Street Ottawa, ON K1A 0J1 AND TO: McCarthy Tetrault LLP Gowling WLG Canada LLP 66 Wellington Street West 160 Elgin Street, Suite 2600 Suite 5300, Toronto Dominion Bank Tower Ottawa, Ontario Toronto, Ontario KIP 1C3 M5K 1E6 Jeffrey W. Beedell Steven G. Mason Brandon Kain Steve Tanner Telephone: 613 786-0171 James S.S. Holtom Fax: 613 788-3587 Richard Lizius E-mail: [email protected] Telephone: 416 601-8200 Ottawa Agent for Counsel for the Fax: 416 868-0673 Applicants, for Bell Canada and Bell Media E-mail: [email protected] Inc. Counsel for Applicants, Bell Canada and Bell Media Inc. Attorney General of Canada Attorney General of Department of Ontario Regional Office Justice 120 Adelaide Street West, Suite 400 50 O'Connor Street Toronto, Ontario Suite 500 M5H 1T1 Ottawa, Ontario K1A 0H8 Michael H. Morris Roger Flaim Christopher Rupar Laura Tausky Telephone: 613 670-6290 Telephone: 647 256-7539 Fax: 613 954-1920 Fax:416952-4518 E-mail: [email protected] E-mail: [email protected] Ottawa Agent for Counsel for the Counsel for the Respondent, Attorney General of Respondent, Attorney General of Canada Canada Canadian Radio-Television and Telecommunications Commission LesTerrasse de la Chaudiere, Central Building 1 Promenade du Portage Gatineau, Quebec J8X 4B1 Crystal Hulley-Craig Telephone: 819 956-2095 Fax: 819953-0589 E-mail: [email protected] Counsel for the Intervener, Canadian Radio- Television and Telecommunications Commission McGill University Supreme Advocacy LLP 3644 Peel Street 100- 340 Gilmour Street Old Chancellor Day Hall, Faculty of Law, Ottawa, Ontario Room 20 K2P 0R3 Montreal, Que. H3A 1W9 Marie-France Major Daniel Jutras Telephone: 613 695-8855 Ext: 102 Telephone: 514 398-1453 Fax: 613 695-8580 Fax: 514 398-4659 E-mail: [email protected] E-mail: [email protected] Ottawa Agent for the Amicus Curiae, Daniel Amicus Curiae Jutras IMK LLP Supreme Advocacy LLP Alexis Nihon Plaza, Tower 2 100- 340 Gilmour Street 3500 De Maisonneuve Blvd. West Ottawa, Ontario Montreal, Quebec K2P 0R3 H3Z 3C1 Marie-France Major Audrey Boctor Telephone: 613 695-8855 Ext: 102 Telephone: 514 934-7737 Fax: 613 695-8580 Fax: 514 935-2999 E-mail: [email protected] E-mail: [email protected] Ottawa Agent for the Amicus Curiae, Amicus Curiae Audrey Boctor Attorney General of Ontario Supreme Advocacy LLP 720 Bay Street 100- 340 Gilmour Street 8th Floor Ottawa, Ontario Toronto, Ontario K2P 0R3 M5G 2K1 Marie-France Major Sara Blake Judie Im Telephone: 613 695-8855 Ext: 102 Telephone: 416 326-4155 Fax: 613 695-8580 Fax: 416 326-4181 E-mail: [email protected] E-mail: [email protected] Advocacy Centre for Tenants Ontario Supreme Advocacy LLP 1500 - 55 University Avenue 100- 340 Gilmour Street Toronto, Ontario Ottawa, Ontario M5J 2H7 K2P 0R3 Karen Andrews Marie-France Major Telephone: 416 597-5855 Telephone: 613 695-8855 Ext: 102 Fax: 416 597-5821 Fax: 613 695-8580 E-mail: [email protected] E-mail: [email protected] Ontario Securities Commission Conway Baxter Wilson LLP 2200 - 20 Queen Street West 400-411 Roosevelt Avenue Toronto, Ontario M5H 3S8 Ottawa, Ontario K2A 3X9 Matthew H. Britton Jennifer M. Lynch Benjamin Grant Paloma Ellard David Hainey Telephone: 613 780-2008 Don Young Fax: 613 688-0271 E-mail: [email protected] Telephone: 416 593-8294 Fax: 416 593-2319 Agent for Counsel for the Ontario Securities E-mail: [email protected] Commission, British Columbia Securities Commission and Alberta Securities Counsel for the Ontario Securities Commission, Commission British Columbia Securities Commission and Alberta Securities Commission Ecojustice Canada Society Supreme Law Group 1910 - 111 Bay Street 900 - 275 Slater Street PO BOX 106 Ottawa, Ontario Toronto, Ontario KIP 5H9 M5G 2C8 Moira Dillon Bronwyn Roe Telephone: 613 691-1224 Telephone: 416 368-7533 Fax: 613 691-1338 Fax: 416 363-2746 E-mail: [email protected] E-mail: [email protected] Workplace Safety and Insurance Appeals Supreme Advocacy LLP Tribunal Ontario 100- 340 Gilmour Street 505 University Avenue Ottawa, Ontario 7th Floor K2P 0R3 Toronto, Ontario M5G 2P2 Marie-France Major Michelle Alton Telephone: 613 695-8855 Ext: 102 David Corbett Fax: 613 695-8580 Kayla Seyler E-mail: [email protected] Ana Rodriguez Telephone: 416 573-1704 Fax: 416 326-5164 E-mail: [email protected] Workplace Safety and Insurance Appeals Supreme Advocacy LLP Tribunal 100- 340 Gilmour Street 505 University Avenue Ottawa, Ontario 7th Floor K2P 0R3 Toronto, Ontario M5G 2P2 Marie-France Major Michelle Alton Telephone: 613 695-8855 Ext: 102 David Corbett Fax: 613 695-8580 Kayla Seyler E-mail: [email protected] Ana Rodriguez Ottawa Agent for Counsel for the Intervener, Telephone: 416 573-1704 Worker’s Compensation Appeals Tribunal Fax: 416 326-5164 Northwest Territories and Nunavut and E-mail: [email protected] Worker’s Compensation Appeals Tribunal Nova Scotia Counsel for the Interveners, Workers' Compensation Appeals Tribunal Northwest Territories and Nunavut and Workers' Compensation Appeals Tribunal Nova Scotia Attorney General for Saskatchewan Gowling WLG Canada LLP 900 - 1874 Scarth Street
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