The Supreme Court of Canada issued its decision today in York University v Access Copyright. The Court agreed with the Federal Court of Appeal that the tariff is not enforceable against York University, saying that a user is entitled to obtain its rights through other means than a tariff, so if the user makes an unauthorized use, the appropriate remedy is an action for infringement.  The Court did not endorse the fair dealing analysis conducted by the lower courts and declined to make a decision on fair dealing but did discuss that in the educational context it is not only the institutional perspective that matters.