Globalive is filing a Notice of Appeal with the Federal Court of Appeal. It is also filing an application for an extension of the 45 day stay issued by the Federal Court. The company's appeal comes in the same week that Industry Minister Tony Clement and MP Steven Blaney announced that the federal government is appealing the same Federal Court ruling.
Globalive, which has been named one of Canada's 50 Best Managed Companies for five consecutive years, is the parent of Wind Battle, whose significant foreign financial backing has spurred controversy over its allowance (thus far) to operate in Canada.
"Like the Government, we disagree with several aspects of the Federal Court decision, and we are confident that the Federal Court of Appeal will overturn it," said the chairman of Globalive, Anthony Lacavera, who has been recognized as one of Canada's Top 40 Under 40. "Our biggest priority is to put this regulatory gaming by our competitors behind us, so that we can continue to focus on bringing wireless innovation and competition to the marketplace."
Anthony reiterated comments made this week by Minister Clement: "The Federal Court decision is not about Globalive being 'Canadian enough'. The Government and Globalive have always agreed that we are fully compliant with the existing rules, and the Federal Court did not suggest otherwise. The decision was about two 'legal errors' in the Cabinet ruling, according to the judge. We disagree and we fully expect to prevail at the Court of Appeal."
"But this courtroom fight is for the lawyers," Anthony added. "Our fight is about providing more competition to Canadians for better value, better choice, and better service."