Frequent communication can soften blow of legal bill

Frequent communication can soften blow of legal bill

December 31, 2007

While the Canadian Radio-television and Telecommunications Commission (CRTC) did use an "interesting" method to pressure a condo corporation into allowing another telecom provider access to its buildings, the case does illustrate the powers available to the regulator when parties have failed to resolve their dispute, Toronto condominium lawyer Armand Conant tells the Financial Post.

As the article notes, the CRTC recently ruled that a condominium corporation must allow an Internet technology company access to its buildings in order to install network facilities.

Although the CRTC could not force the type or form of contract nor have input in the parties’ negotiations, the indirect way of influencing this was that it held that if the condo corporation fails to let the service provider install within 120 days, it may take action to prevent the three current operators from providing Internet and television services to all residents, according to the decision.

In this case, the condo insisted there wasn’t enough space for the service provider to install its facilities because it entered negotiations too late in the game and that its residents already had enough competitors to choose from. The provider countered there was plenty of space for its network.

Conant, partner and head of the condominium law group at Shibley Righton LLP, who represents the condo corporation says his client has always been prepared, and remains prepared to discuss an agreement with the provider as soon as possible.

He tells the Financial Post that the CRTC’s mechanism to ultimately reach the deal is “interesting.”

“The CRTC does not have the power to force you to negotiate or impose terms, but it does have the power to cut off all Internet providers if you haven’t reached a deal,” he explains.