The way fair dealing is structured, before you even get into any analysis of whether a dealing is fair, it has to be for one of the enumerated purposes in the act. I would have said this was a real problem 20 years ago when courts narrowly construed exceptions as basically derogations from a grant.
That approach has been turned on its head. We now understand that the exceptions fulfill a purpose. They're there to fulfill a policy purpose of Parliament. They're remedial in nature, and they should be given the generous interpretation that remedial legislation deserves. That's the approach the court has taken. That has done a good deal to cover lots of useful, innovative and creative dealings that in past would not have occurred because of the fear of infringement.