The appellant, an unsuccessful municipal election candidate, sued Rogers Cable in Small Claims Court for $10,000, alleging Rogers censored his presentation during a 'Meet the Candidates' broadcast by rolling over the 'A' in 'A Channel', thereby violating his Charter rights and abusing its CRTC licence.
The Deputy Judge dismissed the claim at a settlement conference for disclosing no cause of action and having no provable damages.
On appeal, the Divisional Court dismissed the appeal, finding no Charter violation regarding part-time Deputy Judges, that the CRTC has exclusive jurisdiction over broadcasting licence complaints, and that the Deputy Judge had the authority to dismiss the claim at the settlement conference.
