Telecom - Procedural letter addressed to Donna Robertson (Novus Entertainment Inc.) and Joscelyn Baker (Polygon Construction Management Ltd.)

Ottawa, 3 December 2020

Our reference: 8622-N68-202006395


Ms. Donna Robertson
Co-President, Chief Legal Officer
Novus Entertainment Inc.

Ms. Joscelyn Baker
General Counsel
Polygon Construction Management Ltd.

RE: Part 1 Application filed by Novus Entertainment Inc. (Novus) for non-discriminatory and timely access on reasonable terms and conditions to the multi-dwelling unit (MDU) Berkeley House and future MDU developments of Polygon Construction Management Ltd. and its related companies (Polygon)

Dear Ms. Robertson and Ms. Baker,

On 1 October 2020, the Commission received an Application from Novus Entertainment Inc. (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 Polygon Construction Management Ltd. (Polygon) on reasonable terms and conditions; specifically, the development known as Berkeley House, located in Richmond, British Columbia.

On 28 October 2020, Novus informed the Commission that the parties had commenced discussions in connection with this matter, and requested that the processing of its Application be suspended until it advised the Commission that reasonable terms and conditions had been settled, and that Novus was in a position to terminate its Application.

Following the suspension of the Part 1 Application, on 30 November 2020 Novus informed the Commission that although it was unable to install its facilities at Berkeley House, the parties have settled documents for the installation of Novus’ facilities at Polygon’s Sophora at the Park MDU development. Novus therefore requested that the Commission close the abovementioned Part 1 Application, as no further action would be required in this matter.

In light of the above, Commission staff advises that this Part 1 Application is now closed.


Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector

c.c.: Rudy Rab, CRTC,

Date modified: