" In a copying regime based on policy or guidelines, part of the fairness analysis must consider the fairness of the delineated amounts and types. The Court must be able to examine the rationale for these thresholds. It is incumbent on the user institution to explain the basis for the delineated amounts and types (the thresholds) and to explain why they are, in and of themselves or in combination with other features, fair. . . . While arbitrary or bright line thresholds may be convenient, convenience of the user is not a factor that the Supreme Court of Canada had directed courts to consider. Even if it was, there must still be an acceptable rationale for such thresholds" (par. 305, 309).
Canadian Copyright Licensing Agency v. York University 2017 Federal Court