VANCOUVER – A week after the launch of its new HSPA wireless network, Telus launched a lawsuit in the Supreme Court of British Columbia against Rogers Communications over the latter’s continuing claim to the “fastest network.”
“(S)ince November 5, 2009, Telus has been using a newer HSPA/HSPA+ network than the HSPA/HSPA+ part of the Rogers… network,” reads Telus’ statement of claim. “The Rogers… Network is not more reliable than the Telus… network.”
The claim also notes that Rogers claim to be the fastest also no longer stands and that Telus’ new net – which is built along with Bell Canada – provides more coverage of Canada than Rogers.
“On November 5, 2009, Telus demanded that Rogers cease making the Fastest Network Representation and the Most Reliable Network Representation,” reads the filing, made November 12. “Rogers has refused or neglected to comply with this demand, in whole or in part.”
And with the Christmas sales season in full swing, these ads can’t remain in the marketplace, and are “particularly damaging to Telus,” adds the court document, which demands action under section 36 of the Competition Act.
Telus wants a declaration Rogers breached the Act, an injunction stopping all Rogers ads that claim its network is more reliable and faster, plus “general, aggravated, exemplary and punitive damages,” in an amount the claim did not demand.
Rogers has yet to respond and has until November 26th to file a statement of defence.
– Greg O’Brien
