Simon Houpt
Globe and Mail Update Published on Tuesday, Nov. 24, 2009 2:40PM EST Last updated on Monday, Nov. 30, 2009 6:51PM EST
Telus Corp. T-T said Tuesday it had been granted a temporary injunction that could lead to Rogers Communications Inc. RCI.B-T being forced to pull advertisements claiming it operates “Canada's most reliable network.”
After Telus launched a new high-speed cellphone network earlier this month that it said matches the speed of Rogers, it requested its rival drop the dual boasts of running both the fastest and most-reliable network. When Rogers refused the request, Telus launched the suit in the Supreme Court of British Columbia, which heard oral arguments last Friday.
In a ruling Tuesday, Justice J. Christopher Grauer stated that “the technological advantage that allowed Rogers to represent that it has Canada's most reliable network has disappeared” and that to continue with the ads would be “misleading.” During arguments, Rogers acknowledged the new Telus network removed the speed advantage it had held, and indicated it would drop its claim of running the fastest network.
“We're pleased but not surprised by the ruling,” said Shawn Hall, senior communications manager at Telus. “Our interest is in having Rogers remove this false, misleading, and harmful claim from their advertising.”
In a statement, Rogers said: “We are perplexed by the decision. We continue to believe that our network reliability claim is valid. Today we have filed an appeal with the B.C. Court of Appeal. Further steps will be taken shortly.”
The two companies will be back in court this Friday to argue over the timing of the ads' removal.
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