Netflix, Inc. v. Society of Composers, Authors and Music Publishers of Canada, 2015 FCA 289 is a useful illustration of some of the problems caused by judicial intervention on an intrusive standard on procedural matters. At issue was a tariff certified by the Copyright Board that imposed a monthly minimal fee for free trial periods […] Read more

David Mullan’s comment on yesterday’s post prompts me to give (virtual) voice to a thought about the Supreme Court of Canada decision in Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16. Gascon J. reviewed the question of the scope of the state’s duty of religious neutrality on a standard of correctness — allowing him […] Read more