Osler, Hoskin & Harcourt LLP

Box 50, 1 First Canadian Place

Toronto, Ontario, Canada M5X 1B8
416.362.2111 MAIN
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Toronto John C. Cotter

December 9, 2019
Direct Dial: 416.862.5662
Montréal jcotter@osler.com
Our Matter Number: 1206260
Calgary
BY EMAIL (registry-greffe@cb-cda.gc.ca)
Ottawa
Ms Lara Taylor
Vancouver Secretary General
Copyright Board of Canada
New York 56 Sparks Street, Suite 800
Ottawa, ON K1A 0C9

Dear Ms Taylor:

Access Copyright Post-Secondary Educational Institution Tariff, 2021-2023

(the “Proposed Tariff”)

Re: Objection by Universities Canada

We are counsel for Universities Canada.

Further to the publication of the Proposed Tariff on the Board’s website on November 7,
2019, please find enclosed the Objection to the Proposed Tariff filed on behalf of
Universities Canada.

As the Board may be aware, there is currently litigation pending that was commenced by
Access Copyright against York University in the Federal Court (T-578-13), the issues in
which include: fair dealing; and whether an Access Copyright approved tariff is
enforceable. The trial decision on the first phase of that litigation was released on July 12,
2017. The appeal of that decision by York University to the Federal Court of Appeal (A-
259-17) was heard on March 5 and 6, 2019 and the decision reserved. Accordingly,
Universities Canada requests that the Board not take any steps at this time to proceed
with considering the Proposed Tariff and the objections thereto, or to require the parties
to take any steps at this time (including, by way of example, the interrogatory process).

All of which is respectfully submitted,

John C. Cotter
John C. Cotter
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c: Barry Fong, Osler