Federal Court Decisions

Date: 20110307

Docket: T-26-10

Citation: 2011 FC 267

Toronto, Ontario, March 7, 2011

PRESENT:     The Honourable Mr. Justice Hughes

BETWEEN:

          REASONS FOR ORDER AND ORDER AS TO COSTS

[1]               In my Reasons released February 4, 2011 (2011 FC 130) I invited the parties to make submissions as to costs. I have now received those submissions.

[2]               The Respondent, Telus Communications Company, submitted that it would bear its own costs; therefore no costs will be awarded for or against Telus.

[3]               Counsel for the Applicant, Public Mobile Inc., by an e-mail to the Court sent February 25, 2011, advised that the Applicant, Public Mobile Inc., the Respondents, Attorney General of Canada and Globalive Wireless Management Corp. have agreed that the Applicant, Public Mobile Inc. should recover its costs from the Attorney General of Canada and Globalive Wireless Management Corp. on a scale being the high end of Column IV, including a second counsel fee, and that quantification should be deferred until the disposition of all appeals. I agree with this submission and will make an Order to that effect.

ORDER

THEREFORE, THIS COURT ORDERS that further to the Judgment dated February 4, 2011 herein:

1.                  No costs shall be awarded for or against the Respondent, Telus Communications Company;

2.                  The Applicant, Public Mobile Inc. is entitled to recover costs, including disbursements, from the Respondents, the Attorney General of Canada and Globalive Wireless Management Corp. to be assessed at the high end of Column IV. The quantification of such costs, if then required, shall be deferred until after the final disposition of all appeals.

“Roger T. Hughes”

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-26-10

STYLE OF CAUSE:                          PUBLIC MOBILE INC. v. ATTORNEY GENERAL

OF CANADA, GLOBALIVE WIRELESS

MANAGEMENT CORP., BELL CANADA,

ROGERS COMMUNICATIONS INC., SHAW

COMMUNICATIONS INC., AND TELUS

COMMUNICATIONS COMPANY v. ALLIANCE

OF CANADIAN CINEMA, TELEVISION AND

                                                            RADIO ARTISTS, COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA, AND FRIENDS OF CANADIAN BROADCASTING

PLACE OF HEARING:                    Ottawa, Ontario

DATES OF HEARING:                    January 19 & 20, 2011

REASONS FOR ORDER AND

ORDER AS TO COSTS BY:            HUGHES J.

DATED:                                             March 7, 2011

APPEARANCES:

SOLICITORS OF RECORD: