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Super Bowl Ad Cost by Year, From $42,500 in 1967 to $8 Million in 2026

The Super Bowl ad cost has climbed from about $42,500 for thirty seconds in 1967 to a reported average of $8 million at Super Bowl LX in February 2026. This Super Bowl ad cost by year report lists all sixty games, marks the seven years it fell, and puts the record in inflation-adjusted terms you can compare.

Cost of a 30-second Super Bowl spot, 1967 to 2026Bar chart of 60 reported prices in US dollars, from $43K in 1967 to $8.0M in 2026.$0K$2.0M$4.0M$6.0M$8.0M1967 (Super Bowl I): $43K1968 (Super Bowl II): $55K1969 (Super Bowl III): $55K1970 (Super Bowl IV): $78K1971 (Super Bowl V): $73K1972 (Super Bowl VI): $86K1973 (Super Bowl VII): $88K1974 (Super Bowl VIII): $104K1975 (Super Bowl IX): $107K1976 (Super Bowl X): $110K1977 (Super Bowl XI): $125K1978 (Super Bowl XII): $162K1979 (Super Bowl XIII): $185K1980 (Super Bowl XIV): $222K1981 (Super Bowl XV): $275K1982 (Super Bowl XVI): $324K1983 (Super Bowl XVII): $400K1984 (Super Bowl XVIII): $368K1985 (Super Bowl XIX): $525K1986 (Super Bowl XX): $550K1987 (Super Bowl XXI): $600K1988 (Super Bowl XXII): $645K1989 (Super Bowl XXIII): $675K1990 (Super Bowl XXIV): $700K1991 (Super Bowl XXV): $800K1992 (Super Bowl XXVI): $850K1993 (Super Bowl XXVII): $850K1994 (Super Bowl XXVIII): $900K1995 (Super Bowl XXIX): $1.1M1996 (Super Bowl XXX): $1.1M1997 (Super Bowl XXXI): $1.2M1998 (Super Bowl XXXII): $1.3M1999 (Super Bowl XXXIII): $1.6M2000 (Super Bowl XXXIV): $2.1M2001 (Super Bowl XXXV): $2.2M2002 (Super Bowl XXXVI): $2.2M2003 (Super Bowl XXXVII): $2.2M2004 (Super Bowl XXXVIII): $2.3M2005 (Super Bowl XXXIX): $2.4M2006 (Super Bowl XL): $2.5M2007 (Super Bowl XLI): $2.4M2008 (Super Bowl XLII): $2.7M2009 (Super Bowl XLIII): $3.0M2010 (Super Bowl XLIV): $2.8M2011 (Super Bowl XLV): $2.9M2012 (Super Bowl XLVI): $3.4M2013 (Super Bowl XLVII): $3.8M2014 (Super Bowl XLVIII): $4.1M2015 (Super Bowl XLIX): $4.3M2016 (Super Bowl 50): $4.8M2017 (Super Bowl LI): $5.4M2018 (Super Bowl LII): $5.2M2019 (Super Bowl LIII): $5.2M2020 (Super Bowl LIV): $5.4M2021 (Super Bowl LV): $5.5M2022 (Super Bowl LVI): $6.5M2023 (Super Bowl LVII): $7.0M2024 (Super Bowl LVIII): $7.0M2025 (Super Bowl LIX): $8.0M2026 (Super Bowl LX): $8.0M1967198019902000201020202026Cost of a 30-second Super Bowl spot, 1967 to 2026Bar chart of 60 reported prices in US dollars, from $43K in 1967 to $8.0M in 2026.$0K$2.0M$4.0M$6.0M$8.0M1967 (Super Bowl I): $43K1968 (Super Bowl II): $55K1969 (Super Bowl III): $55K1970 (Super Bowl IV): $78K1971 (Super Bowl V): $73K1972 (Super Bowl VI): $86K1973 (Super Bowl VII): $88K1974 (Super Bowl VIII): $104K1975 (Super Bowl IX): $107K1976 (Super Bowl X): $110K1977 (Super Bowl XI): $125K1978 (Super Bowl XII): $162K1979 (Super Bowl XIII): $185K1980 (Super Bowl XIV): $222K1981 (Super Bowl XV): $275K1982 (Super Bowl XVI): $324K1983 (Super Bowl XVII): $400K1984 (Super Bowl XVIII): $368K1985 (Super Bowl XIX): $525K1986 (Super Bowl XX): $550K1987 (Super Bowl XXI): $600K1988 (Super Bowl XXII): $645K1989 (Super Bowl XXIII): $675K1990 (Super Bowl XXIV): $700K1991 (Super Bowl XXV): $800K1992 (Super Bowl XXVI): $850K1993 (Super Bowl XXVII): $850K1994 (Super Bowl XXVIII): $900K1995 (Super Bowl XXIX): $1.1M1996 (Super Bowl XXX): $1.1M1997 (Super Bowl XXXI): $1.2M1998 (Super Bowl XXXII): $1.3M1999 (Super Bowl XXXIII): $1.6M2000 (Super Bowl XXXIV): $2.1M2001 (Super Bowl XXXV): $2.2M2002 (Super Bowl XXXVI): $2.2M2003 (Super Bowl XXXVII): $2.2M2004 (Super Bowl XXXVIII): $2.3M2005 (Super Bowl XXXIX): $2.4M2006 (Super Bowl XL): $2.5M2007 (Super Bowl XLI): $2.4M2008 (Super Bowl XLII): $2.7M2009 (Super Bowl XLIII): $3.0M2010 (Super Bowl XLIV): $2.8M2011 (Super Bowl XLV): $2.9M2012 (Super Bowl XLVI): $3.4M2013 (Super Bowl XLVII): $3.8M2014 (Super Bowl XLVIII): $4.1M2015 (Super Bowl XLIX): $4.3M2016 (Super Bowl 50): $4.8M2017 (Super Bowl LI): $5.4M2018 (Super Bowl LII): $5.2M2019 (Super Bowl LIII): $5.2M2020 (Super Bowl LIV): $5.4M2021 (Super Bowl LV): $5.5M2022 (Super Bowl LVI): $6.5M2023 (Super Bowl LVII): $7.0M2024 (Super Bowl LVIII): $7.0M2025 (Super Bowl LIX): $8.0M2026 (Super Bowl LX): $8.0M1967198020002026
Reported cost of a 30-second spot, in nominal US dollars. Every figure is in the data table below.
Show the data table ↓
YearGameCost (USD)
1967I42,500
1968II54,500
1969III55,000
1970IV78,200
1971V72,500
1972VI86,100
1973VII88,100
1974VIII103,500
1975IX107,000
1976X110,000
1977XI125,000
1978XII162,300
1979XIII185,000
1980XIV222,000
1981XV275,000
1982XVI324,300
1983XVII400,000
1984XVIII368,200
1985XIX525,000
1986XX550,000
1987XXI600,000
1988XXII645,000
1989XXIII675,000
1990XXIV700,400
1991XXV800,000
1992XXVI850,000
1993XXVII850,000
1994XXVIII900,000
1995XXIX1,150,000
1996XXX1,085,000
1997XXXI1,200,000
1998XXXII1,291,100
1999XXXIII1,600,000
2000XXXIV2,100,000
2001XXXV2,200,000
2002XXXVI2,200,000
2003XXXVII2,200,000
2004XXXVIII2,302,200
2005XXXIX2,400,000
2006XL2,500,000
2007XLI2,385,365
2008XLII2,699,963
2009XLIII3,000,000
2010XLIV2,800,000
2011XLV2,948,649
2012XLVI3,442,752
2013XLVII3,765,130
2014XLVIII4,084,864
2015XLIX4,283,129
2016504,800,000
2017LI5,399,873
2018LII5,235,379
2019LIII5,199,916
2020LIV5,400,000
2021LV5,500,000
2022LVI6,500,000
2023LVII7,000,000
2024LVIII7,000,000
2025LIX8,000,000
2026LX8,000,000
Embed this chart ↓
<iframe src="https://www.unioncreative.com/embed/super-bowl-ad-cost/" width="100%" height="460" title="Super Bowl ad cost by year" loading="lazy"></iframe>
<p>Source: <a href="https://www.unioncreative.com/reports/super-bowl-ad-cost/">Union Creative</a></p>

Super Bowl ad cost in 2026: the $8 million spot

Super Bowl LX was played on February 8, 2026, at Levi’s Stadium in Santa Clara, and NBC carried it. Seattle beat New England 29 to 13. Off the field, the bigger number was the price of airtime: a reported average of $8 million for a single 30-second national commercial, according to the Financial Times.

That average hides a new ceiling. Mark Marshall, who runs advertising sales at NBCUniversal, told Adweek that a handful of spots went for more than $10 million each, the first time any network had sold Super Bowl time at that level. The company had announced the game sold out by September 2025, months earlier than usual.

The audience justified the bet, at least on paper. Nielsen’s final count for Super Bowl LX was 125.6 million average viewers, the most-watched program in NBC history and just behind the 127.7 million record set by Super Bowl LIX a year earlier. The second quarter peaked at 137.8 million people, still an industry high.

Super Bowl ad cost by year, 1967 to 2026

The full series below covers every game from Super Bowl I to Super Bowl LX, sixty in all, with no gaps and no estimated years. Figures up to 2022 are Nielsen averages for a 30-second national spot. From 2023 onward they are the averages reported by named outlets at the time of each broadcast.

The chart plots the Super Bowl ad cost by year for all sixty points. The table keeps to one game every five years, plus the two most recent, and adds what each price would be in 2025 dollars using the American consumer price index. The gap between the two columns shrinks less than you might expect.

YearGamePrice of a 30-second spotIn 2025 dollars
1967I$42,500$410,000
1970IV$78,200$649,000
1980XIV$222,000$867,000
1990XXIV$700,400$1.73 million
2000XXXIV$2.1 million$3.93 million
2010XLIV$2.8 million$4.13 million
2020LIV$5.4 million$6.72 million
2025LIX$8 million$8 million
2026LX$8 million(current)

The two kinds of figure do not always agree. In 2016 most reports said CBS charged $5 million, while the Nielsen average was $4.8 million; in 2017 the reverse happened, with $5 million reported and a Nielsen average near $5.4 million. The dataset behind the chart records both, so either can be checked.

Read across the decades and the growth rate slows down even as the dollar amounts balloon. Between 1977 and 1987 the price rose almost 17 percent a year on average. Between 2016 and 2026 it rose a little over 5 percent a year, which is still faster than consumer prices but nowhere near the early pace.

Super Bowl I and its two price tags

The first championship game between the National Football League and the American Football League was played on January 15, 1967, at the Los Angeles Memorial Coliseum. Green Bay beat Kansas City 35 to 10. CBS and NBC both broadcast it, because each network held rights to one of the two leagues.

Each network set its own rate. CBS charged $42,500 for thirty seconds and $85,000 for a minute; NBC asked $37,500 and $75,000. The CBS number became the conventional starting point for every Super Bowl ad cost by year chart since, which is why 1967 sometimes appears as $42,000 or $37,500 in older lists.

Those prices bought an audience split across two channels, in a stadium with thousands of empty seats. Neither network kept a complete recording of the broadcast, and only fragments of the original coverage survive. Commercials of that era were closer to the print-led thinking described in advertising of the 1960s.

The 1970s: from $78,200 to $185,000

Super Bowl IV in January 1970 charged $78,200 for thirty seconds. Then came the first dip. The 1971 game, Super Bowl V, averaged $72,500, a drop of about 7 percent and the second-largest proportional fall in the whole series. After that the price climbed every year of the decade without a pause.

By Super Bowl XIII in January 1979 a spot cost $185,000, more than double the 1970 figure. Inflation explains part of it. Consumer prices in the United States rose sharply through the decade, and a dollar in 1979 bought roughly half of what it had in 1970. The rest came from the game turning into an event.

Super Bowl VII in 1973, played in Los Angeles, averaged $88,100. That is about $640,000 in 2025 dollars, less than a tenth of what a 2026 spot cost after adjusting for the same inflation. So the real growth story is not the 1970s at all. It belongs to the two decades that followed.

1984: the year the price fell and the ad everyone remembers

Super Bowl XVII in 1983 averaged $400,000 for thirty seconds. A year later, at Super Bowl XVIII in Tampa, the average dropped to $368,200. That fall, about 8 percent, is the largest in the series, and it came in the same broadcast that produced the most discussed commercial in the game’s history.

Apple’s “1984”, a sixty-second film directed by Ridley Scott to introduce the Macintosh, aired once nationally during that broadcast on January 22. At the 1984 average, its two 30-second units cost roughly $736,000 in airtime. The ad’s reputation grew so large that it turned the game into a launch venue rather than a sports broadcast with breaks.

Prices recovered fast. Super Bowl XIX in 1985 averaged $525,000, up more than 40 percent in one year, the steepest single jump in the series. The full story of that era’s spots is told in the guide to Super Bowl commercials, and many of them appear among the famous advertising campaigns still cited today.

Crossing $1 million in 1995

The average first passed seven figures at Super Bowl XXIX in Miami in January 1995, at about $1.15 million. Some outlets round that down to an even $1 million, and NBC New York lists $1.15 million. Either way, it had taken twenty-eight years to go from $42,500 to a million, and the next million would arrive in only five.

Then came another small step back. Super Bowl XXX in 1996 averaged $1,085,000, down about 6 percent, before the climb resumed with $1.2 million in 1997 and $1.6 million in 1999. The late 1990s were the first stretch in which rises of $200,000 or more a year became normal rather than remarkable.

One aside worth making here: the price lists rarely mention that a single 30-second unit is the only standard product. Longer commercials are simply two or more units sold together, often at a negotiated rate, which is why a one-minute ad’s true cost almost never appears in the public record.

Dot-com money and the 2000s plateau

Super Bowl XXXIV in January 2000 averaged $2.1 million, a jump of 31 percent on the year before. A wave of young internet companies bought airtime, Pets.com with its sock puppet among them. Several of those advertisers were out of business within two years, and the game became shorthand for the bubble itself.

The decade that followed was almost flat by Super Bowl standards. Prices held at $2.2 million from 2001 to 2003 and reached only $2.5 million by 2006. The 2007 game averaged about $2.39 million, a modest decline, and the 2010 broadcast fell from $3 million to $2.8 million after the 2008 financial crisis cut budgets.

Measured in 2025 dollars, the 2000 spot cost about $3.9 million and the 2010 spot about $4.1 million. Ten years of real growth amounted to roughly 5 percent, a rounding error next to the decades before and after. Few other stretches in the record look anything like it, and none since 2010 has come close.

The 2020s: pandemic, crypto and the $7 million line

Super Bowl LIV in 2020 averaged $5.4 million on Fox, and the 2021 game on CBS reached $5.5 million despite the pandemic. That year Anheuser-Busch kept Budweiser off the national broadcast for the first time in thirty-seven years, and Coca-Cola also sat out, leaving room for a crop of first-time buyers that year.

The 2022 game on NBC, played at SoFi Stadium in Inglewood, averaged $6.5 million and was nicknamed the Crypto Bowl. Coinbase ran a sixty-second spot that showed nothing but a bouncing QR code, and FTX and Crypto.com also bought time. Within a year FTX had collapsed, an echo of the dot-com class of 2000.

Fox announced a record of about $7 million for 2023, although its own sales chief said the average landed between $6 million and $7 million, with only select spots above. CBS held the line at around $7 million in 2024. Two flat years in a row had not happened since the early 2000s.

The 2025 game on Fox broke the pattern. At least ten spots reportedly sold for $8 million, and ESPN noted that the usual annual rise of about $100,000 had become roughly $500,000. Super Bowl LXI in February 2027 is scheduled for ABC and ESPN, which will set the next Super Bowl ad cost.

What the Super Bowl ad cost looks like after inflation

Nominal prices exaggerate the climb. The 2026 average of $8 million is about 188 times the $42,500 of 1967. Consumer prices rose roughly 9.6 times between 1967 and 2025, measured by annual averages of the American consumer price index. Divide one by the other and the real increase is about 19 times.

That is still enormous. A 1967 spot costs about $410,000 in 2025 money, so an advertiser in 2026 pays nineteen of them for the same thirty seconds. Over fifty-nine years the nominal price has grown about 9.3 percent a year against inflation of roughly 4 percent, which means the Super Bowl ad cost has outrun prices in most years.

The real price rose fastest between the late 1970s and the mid-1990s, when it nearly quadrupled. Since 2010 it has nearly doubled again in real terms, from about $4.1 million to $8 million. You can see both surges on the advertising timeline, which places each era’s notable campaigns against these figures.

One caveat applies to all of these conversions. The consumer price index tracks what households pay for groceries, rent and fuel, not what television airtime costs, so a real price here means purchasing power, not a like-for-like media rate. It is the clearest yardstick available across six decades, and it is the one most economists would reach for first.

Price per second and per viewer

At $8 million for thirty seconds, the Super Bowl commercial cost for LX worked out to about $266,700 a second. The spots that sold above $10 million worked out to more than $333,000 a second. In 1967, a second on CBS cost about $1,417. The comparison is striking, but it ignores how many people were watching.

Divide the 2026 average by Nielsen’s 125.6 million viewers and the price comes to roughly $64 for every thousand people reached. That is expensive by television standards but not absurd, because no other broadcast in the American calendar delivers an audience of that size live, to people who expect the breaks to be part of the show.

Here is the short version. The headline price keeps rising faster than inflation, but the audience has grown too, from two networks sharing one game in 1967 to more than 125 million people watching across television, streaming and Spanish-language coverage in 2026. Cost per viewer has risen far less than the sticker price.

Why the Super Bowl ad cost keeps rising

Supply is fixed. A broadcast carries a little over eighty national commercial slots, and NBCUniversal said it added none for Super Bowl LX despite the demand. When the number of buyers grows and the number of units does not, the price climbs, and sellouts now happen in the autumn before the game rather than in January.

Audience behaviour helps. Most television advertising is skipped, muted or ignored, but Super Bowl commercials are reviewed, ranked and replayed the following week. A brand gets the broadcast audience plus days of free coverage afterward. That second audience is hard to price, which is part of why buyers accept a premium that looks irrational on paper.

Bundling matters too. In the 2025 and 2026 cycles, networks sold Super Bowl time alongside other events: NBCUniversal tied many of its 2026 deals to the Milan Cortina Winter Olympics, which opened two days before the game. The reported per-spot average is therefore a blended figure, and individual advertisers may pay well above or below it.

What Canadians see during the Super Bowl

In Canada the game airs on CTV, and for most of its history Canadian viewers have seen Canadian commercials instead of the American ones. The mechanism is simultaneous substitution, which lets a Canadian broadcaster replace an American channel’s signal, ads included, when both air the same program at the same time.

The CRTC ruled in 2015 that the practice would no longer apply to the Super Bowl, and the change took effect with the 2017 game. Bell Canada and the NFL challenged it. On December 19, 2019, the Supreme Court of Canada quashed the order, finding the regulator had exceeded its powers under the Broadcasting Act.

The three games from 2017 to 2019 are therefore the only ones where viewers in Canada reliably saw the American commercials on a Canadian channel, including the 2019 broadcast from Atlanta. Canadian spots are sold separately by the domestic broadcaster. The country’s own ad tradition is covered in the guide to Canadian commercials.

How these figures were compiled

The series covers all sixty Super Bowls from January 1967 to February 2026. Prices for 1967 to 2022 are Nielsen averages for one 30-second national spot, as compiled and published in 2023. Prices for 2023 to 2026 are the averages reported at the time by ESPN, the Financial Times, Adweek and NBC stations.

Networks publish no rate cards, so every figure is a reported average, not an audited invoice. Where outlets disagree, the dataset keeps the Nielsen or most widely reported value and records the alternative. Inflation uses annual averages of the American consumer price index, in 2025 dollars. No missing year was estimated. The figures are reviewed after each new game.

Questions about Super Bowl ad cost

How much is a Super Bowl ad in 2026?

For Super Bowl LX on NBC in February 2026, the reported average price of a 30-second national spot was about $8 million, according to the Financial Times. NBCUniversal also said a handful of spots sold for more than $10 million, the first time any broadcaster had reached that level for the game.

How much did the first Super Bowl ad cost?

Super Bowl I aired on two networks in January 1967, and they charged different rates. A 30-second spot cost $42,500 on CBS and $37,500 on NBC, while a full minute ran $85,000 and $75,000. The CBS figure is the one most year-by-year price lists use as their starting point, which is why 1967 is usually shown as $42,500.

How much does a Super Bowl ad cost per second?

At the reported 2026 average of $8 million for thirty seconds, each second of national airtime during Super Bowl LX cost roughly $266,700. For the handful of spots that sold above $10 million, the rate passed $333,000 a second. In 1967, a single second on CBS cost about $1,417, roughly a 188th of the 2026 rate.

How much does a one-minute Super Bowl ad cost?

Networks sell Super Bowl time in 30-second units, so a 60-second commercial is normally priced as two of them. At the 2026 average, that puts a minute near $16 million before production costs. Brands that run longer spots usually negotiate the combined price privately, and the terms are rarely disclosed.

What was the most expensive Super Bowl ad slot?

The record belongs to Super Bowl LX in 2026, when NBCUniversal sold a handful of 30-second spots for more than $10 million each. The network named no buyers. Before that, the highest reported prices were the roughly $8 million spots Fox sold for Super Bowl LIX in New Orleans in February 2025.

How much did a 30-second Super Bowl ad cost in 2024?

A 30-second spot during Super Bowl LVIII on CBS in February 2024 went for around $7 million, according to reports at the time. That matched the 2023 price on Fox, so 2024 was one of the rare years when the average stayed flat instead of rising by a few hundred thousand dollars.

Why do Super Bowl ads cost so much?

The game draws the largest live audience on American television, about 125.6 million viewers for Super Bowl LX by Nielsen's final count, and people actually watch the commercials. Inventory is fixed at a little over eighty national slots, so steady demand from brands pushes the price up nearly every year, sometimes by half a million dollars.

Are Super Bowl commercials different in Canada?

Usually, yes. Canadian broadcasts on CTV replace the American commercials with Canadian ones through simultaneous substitution. The CRTC banned that practice for the game from 2017, so Canadians saw the American ads for three years, but the Supreme Court of Canada quashed the order in December 2019 and substitution returned for the 2020 game.

When did a Super Bowl ad first cost $1 million?

The average 30-second price first passed $1 million at Super Bowl XXIX in January 1995, when it reached about $1.15 million according to Nielsen figures. It took twenty-eight years and twenty-nine games to get there from the $42,500 of 1967. The price then dipped slightly the following year, to about $1.09 million.

Has the Super Bowl ad cost ever gone down?

Yes, seven times in the Nielsen series: 1971, 1984, 1996, 2007, 2010, 2018 and 2019. Most drops were small, a few percent below the previous game. The 2010 dip, from $3 million to $2.8 million, followed the 2008 financial crisis, when many advertisers cut national television budgets across the board.

Does the Super Bowl commercial cost include making the ad?

No. The reported Super Bowl commercial cost covers airtime only. Production, celebrity talent fees, music licensing and the marketing built around a spot are paid separately, and for a big national commercial they can add several million dollars. Many brands also buy pre-game and post-game time, which networks sell separately at different rates.

How much did a Super Bowl ad cost in 2025?

For Super Bowl LIX on Fox in New Orleans in February 2025, at least ten 30-second spots reportedly sold for $8 million. ESPN noted that the usual yearly rise of about $100,000 had become roughly $500,000. The game also set the audience record of 127.7 million average viewers, just above the 2026 broadcast.

How much was a Super Bowl ad in 2000?

Super Bowl XXXIV in January 2000 averaged $2.1 million for a 30-second spot, a jump of 31 percent on the year before. A wave of young internet companies bought airtime, including Pets.com with its sock puppet. In 2025 dollars that spot cost about $3.9 million, and several of those advertisers closed within two years.

How much has the Super Bowl ad cost risen after inflation?

In nominal terms the 2026 average of $8 million is about 188 times the $42,500 charged in 1967. Consumer prices rose roughly 9.6 times over the same period, so the real increase is about 19 times. A 1967 spot equals about $410,000 in 2025 dollars, meaning an advertiser now pays nineteen of them.

How much did the Apple 1984 Super Bowl ad cost to air?

Apple's 1984, a sixty-second film introducing the Macintosh, aired once nationally during Super Bowl XVIII on January 22, 1984. That year the average 30-second spot cost $368,200, so its two units came to roughly $736,000 in airtime alone. Production costs were separate, and that 1984 average marked the largest price drop in the series.

Sources

  1. 24/7 Wall St.: cost of a 30-second spot at every Super Bowl, compiled from Nielsen data (2023)
  2. NBC New York: Super Bowl commercial costs through the years
  3. ESPN: Super Bowl LIX ad prices reach $8 million (January 2025)
  4. Adweek: NBCUniversal sells the first $10 million Super Bowl ads
  5. Nielsen: Super Bowl LX final viewership rises to 125.6 million
  6. Supreme Court of Canada: Bell Canada v. Canada (Attorney General), 2019 SCC 66, case in brief