This could be a kink in the plan. Justice Roger Hughes of the Federal Court stated today that the December 10th, 2009 decision to let Globalive’s Wind Mobile operate in Canada “was based on errors of law and must be quashed”. This case was initially brought on by Public Mobile (then TELUS joined in) because they believed their ownership structure didn’t follow Canadian foreign ownership laws.
On January 11th, 2010 CEO Alek Krstajic said “We believe Cabinet’s decision is unfair to other wireless carriers, especially new entrants like Public Mobile that have played by the rules and secured substantial Canadian investment. Furthermore, while we respect the Government’s authority we believe what it has done amounts to a change in law, and only Parliament can change Canadian law.”
Justice Hughes also gave Globalive “45-day stay of judgment” where they can appeal the ruling, in the meantime they are still able operate and sell their wireless service. Globalive chairman Anthony Lacavera said “I’ve got another fight on my hands. We’re disappointed. We’re assessing our options and we will fight it vigorously.