Background:

• Bell Canada sought a stay of CRTC Decision 2023-358, which required Bell and Telus to provide their fibre-to-the-premises (FTTP) facilities to reseller competitors in Ontario and Quebec on a temporary basis pending a broader review.

Legal Issues:

• Whether Bell Canada should be granted a stay of the CRTC decision pending its appeal.
• The criteria for granting a stay include establishing a serious issue, demonstrating irreparable harm if the stay is not granted, and showing that the balance of convenience favors granting the stay.

Court’s Analysis and Decision:

• The court assessed the three-part test for granting a stay:
  • Serious Issue: The court was prepared to accept that Bell’s appeal raised at least one serious issue.
  • Irreparable Harm: Bell failed to prove that it would suffer irreparable harm if the stay was not granted. The court found Bell’s evidence speculative and lacking the necessary detail to demonstrate a real probability of irreparable harm.
  • Balance of Convenience: As Bell could not demonstrate irreparable harm, the court did not need to assess the balance of convenience.

Outcome:

• The court dismissed Bell’s motion for a stay, determining that Bell had not demonstrated irreparable harm. Bell was ordered to pay costs to the responding parties.
• No financial terms specified.