Yousuf Aftab

The appellant appealed a trial judgment which found that her long-term disability benefits under an insurance policy were to be reduced by payments she received from CPP and HOOPP disability plans.

The Court of Appeal dismissed the appeal, finding the policy language clear.

The respondents' cross-appeal on costs was also dismissed, with net costs of $7,500 awarded to the respondents.

The appeal concerned whether retail Internet service providers, when providing end-users with Internet access to requested programming, carry on broadcasting undertakings under the Broadcasting Act.

The court held that the statutory terms, read in light of the Act’s language and policy objectives, do not capture entities that merely provide a transmission mode without selecting, originating, or packaging content.

Prior authorities on transmission and conduit functions were treated as consistent with this interpretation, while precedent involving content control by cable licensees was distinguished.

The appeal was dismissed, confirming that access-providing Internet service providers are not broadcasting undertakings in this context.