Can a contract between a party to a broadcasting contract contain obligations under the Broadcasting Act?
Ontario, Canada
The following excerpt is from Allarco Entertainment 2008 Inc. v. Rogers Communications Inc., 2011 ONSC 5623 (CanLII):
During the course of the oral argument, it was common ground that some or all the obligations found in the Broadcasting Act could have been expressly included in a contract between participants in the broadcasting industry. In acknowledging this point, as already noted above, Rogers backed away from an argument in its factum that any claim based on breach of statute was a claim “forbidden” by the authority of Canada v. Saskatchewan Wheat Pool, 1983 CanLII 21 (SCC), [1983] 1 S.C.R. 205.
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