Public Mobile is looking to raze Wind Mobile via the legal system. And while it hasn't yet succeeded, it hasn't yet failed, either.
The startup telco is a direct rival to Wind, which—being owned by Globalive Wireless and bakced financially by a European billionaire—has a much deeper pool of resources than its competitors.
So it's not surprise that the Financial Post reported Public filed an appeal motion that will see Wind defend itself in the Supreme Court.
It is an unexpected move given a unanimous Federal Court of Appeal decision in June upended arguments from Public and incumbent operator Telus Corp., but one that nonetheless perpetuates Wind’s years-long regulatory and legal wars into next spring and possibly beyond if the case is reopened. It is doubly surprising since Telus opted to drop its motion against Wind.
It had already been officially ruled that Wind was allowed to operate in Canada, but only well after it established roots here did a ruckus start that the foreign-backed company broke telecom regulation rules.
It will be extremely difficult to win a Supreme Court hearing, litigation lawyers say, especially for corporate cases.
Globalive chairman and Wind CEO Anthony Lacavera said the firm is nonetheless mounting a response, which will draw on the June court ruling that states Cabinet acted within its mandate and, critically, Globalive is “Canadian-owned and controlled in fact.”
This is of court up for debate. Big, legal, nation-wide debate. Can there never be tranquility in Canada's telecommunications industry?