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London Musicians' Association 240 Commissioners Rd. W., Unit G, LONDON ON. N6J 1Y1 lma@execulink.com - phone/fax: (519) 685-2540 - website: www.londonmusicians.com

Mr. Francois Auger
Legal Counsel & A/Registrar
Canadian Artists and Producers Professional Relations Tribunal
240 Sparks Street 1st Floor West
Ottawa, Ontario
K1A 1A1

Re: Complaint involving the London Musicians' Association, American Federation of Musicians of the United States and Canada, Local 279 ("AFM") and Rogers Television, London Cable 13. Your File No.: 1330-03-007

Dear Mr. Auger:

We strongly urge the Tribunal to deny the request made October 7, 2003 by Rogers Television, London Cable 13 for mediation in the above-mentioned matter. We respectfully submit that mediation would not contribute significantly to a fair and timely resolution of the complaint. Further; it is our position that granting this request would not serve the best interests of the parties involved, or support the governing principle of the Tribunal's practices and procedures. We base our opinion and position on the following:

(i) There is a disturbing lack of documentary evidence to support any defense of Rogers Television, London Cable 13's position. We have not received any written correspondence from Rogers Television, London Cable 13 between March 6, 2003 (the date we sent our registered letter of Intent to Bargain) and August 15, 2003. (the date of the filing of our complaint) We believe it is reasonable to assume that some Roger's inter-company correspondence relating directly to the negotiation process to date must exist. As such; The London Musicians' Association wishes to retain its right under Section 9 of the Tribunal Procedures to "request disclosure from the other participants of any documents or information relevant to the proceeding". It is our understanding that this option would not be available to us during the mediation process. We feel very strongly that, if necessary, this option would expedite a decision by the Tribunal in our favour.

(ii) Rogers Television, London Cable 13's duly authorized representatives that were present at our only negotiating meeting of April 30, 2003 have not provided any direct written or oral evidence in defense of Roger's position. It is our understanding that these same representatives may have been responsible for decisions made on behalf of Rogers Television, London Cable 13 pertinent to our complaint. We trust that the Tribunal recognizes the relevance and significance of their "first hand" perspective in this case. As such; The London Musicians' Association wishes to retain its right under paragraph 17(a) of the Act to request that the Tribunal issue a "summons to witness" order to individuals we feel may provide oral testimony necessary to the resolution of this matter.

It is our most sincere wish to bring fair and complete closure to this matter at the earliest possible date. We believe the best way to accomplish this goal would be to proceed directly to an oral hearing forthwith. We look forward to resuming our negotiations with Rogers Communications Inc. on October 21, 2003. We trust that future negotiations will be conducted in an appropriate manner and will result in an agreement that will prove mutually beneficial to the parties involved.

Sincerely,

Jeremy Price
Secretary-Treasurer
London Musicians' Association
AFM Local 279

cc: David Elenbaas (McMillan Binch LLP)
E. Jennifer Warren (Rogers Communications Inc.)

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