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One free scan finds every outdated or missing driver and matches the right update for your exact hardware.Free scan · exact hardware matchTELUS obtained a temporary, pre-trial injunction stopping Rogers from advertising its wireless network as “Canada’s most reliable network.” The British Columbia Court of Appeal dismissed Rogers’s appeal, but its ruling addressed the court’s authority to grant interim relief—not whether TELUS would ultimately win its Competition Act claim or qualify for a permanent injunction.
What did Rogers advertise about its network?
The disputed advertisement described Rogers’s wireless network as “Canada’s most reliable network.” TELUS, a competitor in Canadian wireless services, alleged that the representation was materially false or misleading. It sued under section 36(1)(a) of the Competition Act, in connection with the prohibition in section 52(1), and asked the court to stop the advertising while the case proceeded. The reported decision is TELUS Communications Co. v. Rogers Communications Inc., 2009 BCCA 581.
Why did TELUS get an injunction against Rogers?
The British Columbia Supreme Court granted an interlocutory injunction: an order intended to operate temporarily before a final decision on the underlying claim. In its appeal, Rogers argued that the judge had given too little weight to freedom of expression. The Court of Appeal dismissed the appeal, leaving the interim relief undisturbed in the circumstances before it.
The appeal also raised whether the court could grant interlocutory relief when TELUS’s claim was statutory and the relevant provisions did not expressly give a private plaintiff an injunction remedy. The Court of Appeal concluded that the Supreme Court’s inherent jurisdiction to grant interim relief had not been displaced in this case.
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Did Rogers win its appeal?
No. The British Columbia Court of Appeal dismissed Rogers’s appeal. Its decision affirmed the court’s jurisdiction to issue interlocutory relief in these circumstances; it was not a final ruling that Rogers’s reliability claim was objectively untrue or that TELUS had proved every element of its case.
Was the injunction permanent?
No. The injunction at issue was interlocutory, not a final judgment resolving TELUS’s claim. The Court of Appeal expressly gave no view on whether a permanent injunction could be obtained by a party suing under section 36 of the Competition Act. The available account of the 2009 appeal also does not establish the eventual disposition of the underlying claim or whether later orders changed the interim order, so it does not establish whether that injunction remains in force today.
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Did TELUS also sue Mobilicity over ads?
TELUS later brought a separate application against Mobilicity over commercials comparing prices without naming competitors. In December 2012, the British Columbia Supreme Court denied that application. Commentary on the ruling describes TELUS’s case as weak and the balance of convenience as weighing against an injunction, while emphasizing the public interest in commercial speech. Justice Grauer’s reasons, paragraph 40, were quoted as saying: “Although public policy, as expressed in the Competition Act, favours restraining false or misleading advertising, the situation changes where, like here (but unlike the 2009 Telus case), the plaintiff does not have a strong case.” The commentary is “Mobile wars heat up: Telus denied injunction against Mobilicity”.
The different outcomes do not establish a blanket rule for telecom advertising. They arose from different applications and records: the Rogers appeal concerned interim relief in the circumstances of TELUS’s reliability-claim case, while the Mobilicity application was denied on its own merits and balance of convenience.
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