JAZZ.FM91 has Reversed Decision to Appeal

December 21, 2018

JAZZ.FM91 has reversed its decision to appeal the Commercial List Application filed by donor member Brian Hemming.  When the Board of Directors considered this issue, it was misinformed. At the time the Board made its decision, it understood it had 30 days to file an Appeal – and it would not have to release donor email addresses until the Appeal had been heard.

However, this turned out not to be the case.  Regardless of the decision to file an Appeal or not, JAZZ.FM91 was required to fulfill Justice Sean Dunphy’s order to release donor member email addresses to Mr. Hemming by December 20, 2018.

When JAZZ.FM91 discovered that it was in breach, it immediately attempted to receive a stay from the Court.  That attempt was unsuccessful.

JAZZ.FM91 values the privacy of all of its donor.  It did not anticipate the unprecedented ruling on December 14, 2018 and believed an appeal was in the best interests of JAZZ.FM91.

The decision to appeal was based on:

  1. The judge found for Mr. Hemming on only one of his four claims, and the awarding of costs was less than normal;
  2. The interpretation of the Ontario Corporations Act as requiring provision of member emails was unprecedented;
  3. The judge was very swift in his handling of the case, and did not hear full oral submissions from either side but had reviewed the written material; and
  4. The station is concerned about issues related to the privacy of donors and giving private information to people with no fiduciary responsibility.

However, given the misinformation related to the disclosure of email addresses,  JAZZ.FM91 is releasing an electronic version of the donor member email list to donor member Mr. Brian Hemming today.

Donors should be prepared to receive email communication from the “savejazzfm” organization, which has indicated its intention is to hold a Special Meeting to replace the current Board.  We believe that is not in the best interests of JAZZ.FM91’s listeners, donors and other stakeholders.

JAZZ.FM91 regrets that the Court has chosen to place less importance on privacy than we do.  Donors have a choice to ignore or block messages from unwanted senders.

We will reach out again in 2019.  We continue to work hard to continue to offer award-winning world-class programming and to be your jazz destination.