Notices, Orders and Rulings

CB-CDA 2025-005

Notice of the Board

Proceeding: Online Music Video Services (2014-2018)

January 17, 2025

[1] Further to Ruling CB-CDA 2024-107, I will be holding a Case Management Conference on Thursday, January 23, 2025. Under the same Ruling, SOCAN and Stingray were required to file some information with the Board. They have now done so.

[2] On January 13, 2025, SOCAN and Stingray filed the required information. This included informing me that Stingray will no longer participate in this proceeding.

[3] On January 14, 2025, Stingray wrote to clarify that it withdraws its objections filed to the Proposed Tariffs under consideration in this proceeding, and to ask whether they are required to participate in the upcoming case conference or in any other remaining procedural steps.

[4] First, I note that the Practice Notice on Changing the Status of a Party PN 2023-10 states that

[13] Unless the Board orders otherwise, the record, including any submissions or evidence filed by a party that withdraws from a proceeding, or otherwise changes their status, remains unchanged.

[14] For greater certainty, the record includes any Objection and Notice of Grounds for Objection that was filed by a party that withdraws from a proceeding, even if the party declares that it withdraws its Objection.

[5] As such, for greater certainty, all objections remain on the record despite Stingray ceasing to participate.

[6] Second, given SOCAN and Stingray’s submissions, Stingray is not required to participate in the upcoming Case Management Conference, nor will they be required to continue their participation for the duration of the proceeding.

[7] Paragraph 4 of PN 2023-10 establishes that a party may cease to participate in a proceeding “by providing notification to the Board and to all parties to the proceeding at least 15 days before the day it wants to withdraw.”

[8] For the purpose of PN-2023-10, I consider Stingray’s filing of January 13, 2025, to be sufficient notice to the Board and the Parties.

[9] As such, unless a party raises a compelling reason for me to order otherwise, Stingray will cease to be a participant on January 28, 2025.

Lara Taylor

Case Manager