Mobilicity wins in BC Supreme Court against Telus

Unlimited, no-contract carrier claims victory for consumers; judge rules in favour of TV commercial about wireless industry practices

TORONTO, Dec. 19, 2012 /CNW/ - Mobilicity today declared a colossal victory for Canadian wireless consumers after the British Columbia Supreme Court dismissed an interlocutory injunction application by Telus to take a Mobilicity television commercial off the air.

"Today is a big day for wireless consumers and continued competition in Canada," said Mobilicity President and Chief Operating Officer Stewart Lyons. "We are happy with the Court's ruling and that Canadian wireless consumers are still free to engage in a dialogue with each other about the many challenges facing Canadian wireless consumers - that's what our TV commercial is all about."

Lyons said that he regarded Telus' claim as "a ridiculous bullying tactic and an unnecessary distraction during our busy holiday season. I hope now that Telus will focus on its business and improving customer service as opposed to trying to intimidate a smaller competitor."

The timing of today's news is especially relevant as the Canadian Radio-television and Telecommunications Commission's (CRTC) is currently consulting Canadians about its proposed mandatory federal wireless code of conduct.  The public hearing is scheduled to be held at the end of January 2013.

But unless the Code stipulates that it applies to existing contracts (as well as contracts signed after the effective date of the Code), consumers who enter into long-term contracts during the holiday season may find themselves without recourse.

"Our TV commercial encourages consumers to take a closer look at all the plans available over the holidays," said Lyons. "This is what I feel consumers should do.  Because if the CRTC Code fails to apply to existing contracts, consumers who sign today may be out of luck."

Lyons added, "I've read many of the CRTC submissions by individual Canadians and I am confident the CRTC Code will address most of their concerns.  My biggest question is: When will Canadians be able to benefit from the provisions of the Code? Will consumers who are already locked-into a contract benefit right away; or will they have to wait two or three years?"

About Mobilicity (DAVE Wireless)
Mobilicity, Canada's smart mobile carrier, was created to bring down the cost of wireless with unlimited talk, text and data plans, affordable North American coverage, plus popular handsets and smartphones - without locking customers into contracts or charging extra or hidden fees. Everything Mobilicity does adds up to a better wireless experience, not an expensive one. NOW THAT'S SMART.

Formerly known as Data & Audio-Visual Enterprises Wireless Inc. (DAVE Wireless), the company is led by Obelysk, a diversified Canadian holding company, and Quadrangle Capital Partners, a global investor in the telecommunications and media sectors. Mobilicity was named one of Canada's Top 25 Up and Coming Information & Communication Technology start-ups in 2010 by the Branham Group Inc. Further information about Mobilicity can be found at

SOURCE: Mobilicity

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Sheryl Steinberg, Director, Corporate Affairs
Michelle Fabbro, Specialist, Corporate Affairs

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