ARCHIVED - Telecom Commission Letter addressed to Donna Robertson (Novus Entertainment Inc.) and Julian Ward (Thind Properties Ltd.)

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Ottawa, 9 May 2019

Our reference: 8698-N68-201900705


Ms. Donna Robertson
Co-President, Chief Legal Officer
Novus Entertainment Inc.
#300 – 112 East 3rd Avenue
Vancouver, BC  V5T 1C8

Mr. Julian Ward
Vice-President - Development
Thind Properties Ltd.
Unit 700 – 4211 Kingsway
Vancouver, BC  V5H 1Z6

RE: Application filed by Novus Entertainment Inc. (Novus) for non-discriminatory and timely access on reasonable terms and conditions to the multi-dwelling unit (MDU) Lumina development and future MDU developments of Thind Developments Ltd. and its related companies (Thind)

Dear Ms. Robertson and Mr. Ward,

On 29 January 2019, the Commission received an application from Novus, filed under Part 1 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure. In its application, the company sought relief from what it submitted was its ongoing inability to obtain timely access to the MDU developments of Thind on reasonable terms and conditions, specifically, the development known as Lumina, located in Burnaby, British Columbia.

On 1 April 2019, Thind responded to the application, indicating that Novus shall be treated equally as all utilities. Thind also indicated that it will be providing the legally required information and access as stipulated by the CRTC.

Following the temporary suspension of the Part 1 proceeding at Novus’ request, on 8 May 2019, Novus informed the Commission that Novus and Thind had concluded satisfactory Installation Agreements for two of Thind’s developments - Starling at Lumina and Waterfall at Lumina. Novus also informed the Commission that it believed that the parties would be able to continue their business relations without any further assistance from the Commission, and therefore requested that the Commission close the application.

In light of the above, Commission staff advises that the 29 January 2019 Part 1 application from Novus is now closed.


Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector

c.c.: Rudy Rab, CRTC,
Thind Properties Ltd.,

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