Federal Court judge lauds Nordicity consultants

Nordicity consultants appear as expert witness in Federal Court proceedings to decide the legality of Part II Licence Fees

OTTAWA —December 14, 2006 — Peter Lyman, Senior Partner, and Dustin Chodorowicz, Director, appeared in Federal Court as expert witnesses for the Crown on the issue of Part II Licence Fees in the Canadian Association of Broadcasters and Videotron Ltée and CF Cable TV Inc. v. Her Majesty the Queen. The Honourable Justice Michel Shore presided.

Nordicity had been engaged by the Crown to prepare a report on “Part II” Licence Fees, which are paid annually by broadcasters and distribution undertakings, based on the total amount of regulated revenue for broadcasting licence holders.

In the Federal Court trial Messrs. Lyman and Chodorowicz gave testimony in chief and were cross examined on various aspects of the Canadian broadcasting industry and broadcaster licensing. As an experienced consultant in the broadcasting sector Mr. Lyman presented evidence on the historical development of the Canadian broadcasting system, its policy and regulatory structure, market environment, and the basis for economic value in broadcasting licences. As an economist, Mr. Chodorowicz presented evidence on the economic theory underlying the federal government’s collection of Part II Licence Fees from Canadian broadcasters, and broadcast licensing practices in foreign jurisdictions.

Following the completion of their testimony, Justice Shore thanked Messrs. Lyman and Chodorowicz. “We are most grateful to you [Mr. Chodorowicz] and Mr. Lyman,” said Justice Shore. He further remarked, “We are grateful that Canada has people who are as expert as they are to be doing what you are doing.”

Justice Shore subsequently rendered his decision on December 14, 2006, and that decision is being appealed to the Federal Court of Appeal by the plaintiffs.

Nordicity Group Ltd. (http://www.nordicity.com) is one of Canada’s leading strategy consulting firms for clients in the media/entertainment, culture/content, and telecommunications sectors. Our consultants work with clients in both the private and public sectors to make business and policy decisions, and to understand the impacts of policy and regulatory developments.