TORONTO – In a ruling issued Tuesday, April 23,2019, the Ontario Superior Court decided to stay a case brought by Iristel/Ice Wireless against Telus which relates to a dispute between the two companies over failed calls to the North.
This is the latest development between the two telcos who have each blamed the other for hundreds of phone calls to northern Canada failing to get through.
While the CRTC issued its interim ruling in November, making sure calls went through properly, it still must determine whether the traffic at issue is wrongly stimulated by Iristel as Telus claims and/or appropriate. It asked the two companies for additional information earlier this year.
Telus requested that the court proceeding be stayed, while the CRTC examines the issue, but Iristel claimed damages from Telus where parent company Iris Technologies sued Telus for breach of contract and Ice Wireless sued Telus for unlawful interference with economic relations.
The court agreed with Telus and granted the stay with Iristel on the hook for $25,000 in costs until the CRTC makes a decision. The judge decided on a stay “on the ground that the court has no jurisdiction over, or is not the appropriate forum, for the subject matter of this action,” reads the decision.
Once the CRTC makes its ruling however, says the decision, Iristel then may pursue damages and Telus can make counterclaims for damages. Iristel faced a similar conflict with Rogers in 2016 and the CRTC ordered Iristel to cease traffic stimulation on Rogers’ network.
