The FCA decision was penned by Justice Marc Noël, who on October 17, 2014. The reasons are replete with recondite Latin terminology but also some very clear and concise basic English. It deals with such arcane issues with Latin names such as functus officio, res judicata, ultra petita, audi alteram partem and other doctrines with English names such as “standard of review” and “manifest intention” and “palpable error” that will whet the appetite of the most learned of scholars of Copyright Board and administrative law jurisprudence.
(July 5, 2013);
(April 26, 2013);
(December 20, 2012);
(November 3, 2012) - Suspended by the Federal Court of Appeal on November 26, 2013 (Files: A-525-12/A-265-13);
(November 2, 2012)
So, the FCA heard the judicial review application on the merits on September 4, 2014. On October 20, 2014 - just over six weeks later which is a normal pendency period for this Court - it rendered its 29 page decision to “reluctantly” send the matter back to the Board “so that it can recommence and complete the process to certify a new tariff for the years 2009 to 2012 as soon as possible”, with costs to the Opponent/Applicant in the judicial review.