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Osler, Hoskin & Harcourt LLP

Box 50, 1 First Canadian Place


Toronto, Ontario, Canada M5X 1B8
416.362.2111 MAIN
416.862.6666 FACSIMILE

Toronto John C. Cotter


July 19, 2017
Direct Dial: 416.862.5662
Montral jcotter@osler.com
Our Matter Number: 1183899
Calgary

Ottawa
BY EMAIL & DELIVERED BY HAND

Vancouver Mr. Gilles McDougall


Secretary General
New York Copyright Board of Canada
56 Sparks Street, Suite 800
Ottawa, Ontario K1A 0C9

Dear Mr. McDougall:

Access Copyright Post-Secondary Educational Institution Tariff, 2018-2020


(the Proposed Tariff)

Re: Objection by Universities Canada

We are counsel for Universities Canada (formerly the Association of Universities and
Colleges of Canada).

Further to the publication of the Proposed Tariff in the Supplement to the Canada
Gazette, Part I, Vol. 151, No. 20, May 20, 2017, please find enclosed the Objection to the
Proposed Tariff filed on behalf of Universities Canada.

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), in
light of the following:

Presently, the Board has under advisement a decision concerning Access


Copyrights proposed tariffs for Post-Secondary Educational Institutions for the
years 2011-2013 and 2014-2017; and

The litigation commenced by Access Copyright against York University in the


Federal Court (T-578-13), the issues in which include: fair dealing; and whether
the Access Copyright Interim Post-Secondary Educational Institutions Tariff,
2011-2013 is enforceable. The trial decision on the first phase of that litigation
was recently released on July 12, 2017 and the time period within which a party
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may appeal that decision to the Federal Court of Appeal remains open until
October 2, 2017.

All of which is respectfully submitted,

John C. Cotter
John C. Cotter

c: Barry Fong, Osler