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In its March 22, 2018 decision, the Federal Court of Appeal dismissed Access Copyright's (AC) application for judicial review of the Copyright Board's provincial and territorial government tariff ruling for 2010-2014.  Contrary to the position argued by AC, the Court determined the appropriate standard of review for the Board's ruling is reasonableness.  The Court then found all of the Board's decisions that were at issue to be reasonable, including its adoption of a "bright-line rule" to assess whether substantial parts were copied and its assessment of the applicability of fair dealing to the government copying.

According to a recent announcement, Canada's provincial ministries of education (outside of Quebec) and Ontario school boards have launched a suit against Access Copyright to try to recover blanket licensing fee overpayments made in the period during which the disputed tariff rate was under review.  A blog post by Michael Geist provides further background information.