Y. Monica Song | Fraser Milner Casgrain LLP

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Y. Monica Song LL.B., B.A. (Hons.), Partner

Monica Song has considerable experience and expertise as a regulatory lawyer and administrative law litigator across a broad range of sectors. Her knowledge of the communications sector is extensive, having represented cross-border clients in the converging Internet, telecommunications, broadcasting and digital media sectors in major public and competition policy proceedings, as well with respect to licensing matters and commercial and procurement disputes.

A partner in the firm’s Litigation & Dispute Resolution group, she has appeared before the Federal Court, the Federal Court of Appeal, and all levels of Ontario courts, including the Divisional Court and Court of Appeal for Ontario.

Prior to entering private practice, Monica clerked with Justice John Charles Major of the Supreme Court of Canada. She has also interned at the Québec Court of Appeal for Justice Paul Arthur Gendreau and is fluently bilingual.

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Monica’s expertise and experience is in advising and advocating on behalf of business clients navigating administrative, licensing and procurement processes at both the provincial and federal levels as well as in challenging adverse outcomes in appellate and judicial review proceedings.

As an adjunct to her litigation expertise, Monica provides opinions on complex questions of statutory interpretation, administrative and constitutional matters.

Representative Work

Counsel to carrier consortium seeking access to provincially-regulated utility poles in proceeding before the Ontario Energy Board

Counsel to health-care provider in civil action challenging a public procurement process

Counsel for not-for-profit community radio station in appellate proceedings before Federal Court of Appeal in rare CRTC licence revocation matter

Counsel for major competitive carrier and ISPs in series of stay applications and appeals before the CRTC and Federal Court of Appeal with respect to Internet traffic shaping and usage-based-billing practices of incumbent carriers

Acted for consortium of major telecommunications carriers in a complex procurement challenge before the Canadian International Trade Tribunal (first oral public hearing of a procurement dispute in that forum)

Acted for pulp and paper company in Federal Court quota challenge

Counsel to environmental companies in judicial review and civil proceedings before Ontario courts with respect to licence revocation matter

Counsel to manufacturing company in prosecution under Ontario Environmental Protection Act and Provincial Offences Act

Counsel to physician in appeal to Divisional Court in respect of disciplinary action

Acted for Canadian company in dispute with U.S.-based domain name registration authority

Acted for major Canadian airline in Federal Court proceeding under Official Languages Act

Has been involved in several communications industry transactions and has advised on the structuring and financing of communications undertakings that are subject to Canadian foreign ownership restrictions

Routinely represents clients before the Canadian Radio-television and Telecommunications Commission ("CRTC") on all matters, including on market entry and licensing rules, distribution of foreign specialty and pay‐per‐view channels, the broadcasting transfer of control regime, Canadian content rules, broadcasting Codes of Conduct, universal service funding regime, competitive entry rules, ISP issues, VoIP provider issues, international carrier issues, and foreign ownership rules

Represents clients before Industry Canada on virtually all regulatory matters, including spectrum auctions and licensing proceedings and reviews

Has advised several leading South Asian and U.S. programming undertakings on entry into Canadian marketplace

Review of contracts and agreements specific to the broadcasting and telecommunications industries, including wireless roaming and antenna tower and site sharing agreements

Publications

“Regulation of Foreign Investment in Canada’s Telecommunications Sector”, Focus on Public Policy – June 2010 (co-author)

"International Trade and Investment Matters", Focus on Federal Advocacy and Public Policy - Fall 2007

Focus on Federal Advocacy and Policy - June 2007

“Future Deregulation of the Local Telephone Market”, Focus on Federal Advocacy and Policy - March 2007 (co-author)

"ISP Blocking: Parts I and II" (with Kirsten R. Embree) Internet and E-Commerce Law in Canada, Vol. 6, Nos. 8 and 9, Butterworths, October and November 2005

Teaching Roles

Adjunct Professor, Faculty of Law, University of Ottawa

Prior Speaking Engagements

Co-Lecturer, “Analysis of Evidence”, Federated Press – 2nd Conducting Regulatory Investigations Course, September 2011

Moderator, "The CRTC Review of the Internet Traffic Management Practices of ISP's", Insight - 6th Annual Canadian Telecommunications Forum, November 30 - December 1, 2009