Peter David Ruby

The appellant Canadian Cable Television Association (CCTA) sought access to the power poles of the respondent provincially regulated electric power utilities to support cable television transmission lines.

The CRTC ordered the utilities to grant access, interpreting 'the supporting structure of a transmission line' in s. 43(5) of the Telecommunications Act to include the utilities' power poles.

The Federal Court of Appeal reviewed the decision on a correctness standard and held that s. 43(5) does not give the CRTC jurisdiction over the power poles of provincially regulated electric power companies.

The Supreme Court of Canada dismissed the appeal, confirming that the standard of review is correctness and that s. 43(5) cannot bear the broad meaning given to it by the CRTC.