Calgary Herald

Telus loses bid to halt Mobilicity ads

Judge finds ‘no irreparabl­e harm’ in his decision

- JAMIE STURGEON

Television ads being run by startup carrier Mobilicity will continue to air this holiday season touting the company’s “unlimited” plans while taking shots at similar claims made by larger rivals like Telus Corp.

A court in British Columbia denied Wednesday a request from Telus for an injunction on the ads, which are running on channels in the province as well as in Alberta and Ontario, where the smaller carrier has set up in major cities like Vancouver, Calgary and Toronto.

Using lines such as, “what you see isn’t always what you get,” the ads criticize claims of unlimited calling and data-messaging services made by competitor­s while employing colours associated with rival brands, including Telus.

The country’s third-largest carrier filed suit on Dec. 7 against Data & Audio-Visual Enterprise­s Wireless Inc., which operates under the Mobilicity name.

“This ad has damaged Telus’ brand with these false claims,” a spokespers­on for Telus said, calling the ads “misleading.”

Telus said “irreparabl­e harm” has been done to it by the campaign. “As a result of Mobilicity’s wrongful acts … Mobilicity has been enriched and Telus has been correspond­ingly deprived,” the carrier said.

“Neither side, in my view, is likely to suffer irreparabl­e harm in the event that the injunction is either granted or refused,” B.C. Justice J. Christophe­r Grauer said in his decision.

Telus has market share of about 28 per cent of the $19.1-billion mobile sector, according CRTC figures. In B.C., the carrier’s core market, it has share of 50 per cent.

Mobilicity and rival startups Wind Mobile and Public Mobile control less than five per cent of the national market combined.

“We’re not a significan­t factor in (threatenin­g) Telus’ market share. Hopefully one day, but this is entirely about intimidati­on,” Stewart Lyons, chief operating officer for Mobilicity said.

“This time it cost them because now they’ll have to pay my court costs.”

While the interim injunction request has been thrown out, Telus said Wednesday it will continue to pursue in court claims by the smaller rival, notably the key marketing boast of unlimited data for Mobilicity subscriber­s.

Specifical­ly, Telus says the practice of “throttling” or slowing down data speeds on heavy users makes impossible things like video streaming and the transfer of large files — which Telus concludes means Mobilicity cannot offer truly “unlimited” data service.

Telus has requested a full hearing with the Supreme Court of British Columbia to be held some time in the

We’re not a significan­t factor in (threatenin­g) Telus’ market share. Hopefully one day, but this is entirely about intimidati­on.

MOBILICITY COO STEWART LYONS

new year, a spokespers­on said.

“We believe that Mobilicity’s data throttling that restricts their unlimited plans is misleading and must be addressed,” Telus spokespers­on Shawn Hall said.

The minor legal skirmish has erupted as the Canadian Radiotelev­ision and Telecommun­ications Commission is set to review practices such as lengthy three-year contracts and certain fees charged by some carriers.

 ?? Postmedia News/files ?? A court in British Columbia denied on Wednesday a request from Telus for an injunction on a series of Mobilicity ads.
Postmedia News/files A court in British Columbia denied on Wednesday a request from Telus for an injunction on a series of Mobilicity ads.

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