ARCHIVED - Letter
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Ottawa, 22 October 2013
Our Reference: 8622-B2-201312917
BY EMAIL
Howard M. Hacker
Legal Counsel
Plazacorp Investments Limited
10 Wanless Avenue, Suite 201
Toronto, Ontario M4N 1V6
hhacker@plazacorp.com
RE: Bell Canada’s request for disclosure of information
In a letter dated 10 October 2013, the Commission determined that it would consider Bell Canada’s 20 September 2013 application for an order granting access to Plazacorp Investments Limited's (Plazacorp) York Harbour Club multi-dwelling unit project in accordance with the rules set out in Part 1 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules).
In a letter to Plazacorp dated 10 October 2013, Commission staff required Plazacorp to respond to interrogatories. As part to its 16 October 2013 response to these interrogatories, Plazacorp filed information contained in Schedules C and D in confidence. Plazacorp submitted that these two Schedules contained competitively and commercially sensitive information regarding marketing arrangements between Rogers Communications Inc. (Rogers) and West Harbour City (III) Residences Corp. (part of the Plazacorp Group of Companies) as owner of the York Harbour Club development.
By letter dated18 October 2013, Bell Canada requested that the Commission direct Plazacorp to file a copy of the signed (or to be signed) marketing agreement, as summarized in Schedule B of Plazacorp’s 16 October 2013 response, between Plazacorp (or its related company) and Rogers with such redactions, if any, as the Commission considers appropriate. Bell Canada requested that such copy of the marketing agreement be placed on the public record of the present proceeding.
Pursuant to section 32 of the Rules, a party that designates information as confidential must provide reasons, as well as any relevant supporting documentation, why the disclosure of the information would not be in the public interest. Subsection 32(2) of the Rules further specifies that a party that designates information as confidential must file an abridged version of the document that contains the designated information or provide reasons as to why an abridged version cannot be made publically available.
In accordance with subsection 39(4) of the Telecommunications Act, the Commission may disclose or require disclosure of information if, after having considered representations on the matter, it determines that disclosure is in the public interest.
In light of the previous, Plazacorp may file a reply to Bell’s request for disclosure. Such a reply is to be filed with the Commission and copied on Bell Canada by no later than
23 October 2013. Should Plazacorp take the position that it cannot provide an abridged version of the relevant documents, it should provide specific supporting rationale.
In light of the fact that Rogers is a party to the marketing agreement in question, it is being copied on the present correspondence. Rogers may file a reply to Bell Canada’s disclosure request subject to the above-identified instructions.
Yours sincerely
Original signed by
Mario Bertrand
Director, Dispute Resolution
Telecommunications
cc: Rogers Communications Inc., rci.regulatory@rci.rogers.com
Barry Chapman, Bell Canada, bell.regulatory@bell.ca
Danny Moreau, CRTC, danny.moreau@crtc.gc.ca
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