TORONTO – UBS Wireless Services said Wednesday it has added Rogers Communications and Bell Canada, who together own the Inukshuk Wireless Partnership as new defendants in a lawsuit it has filed.
UBS, the owner of Look Communications, filed a statement of claim on April 21, 2004 against Allstream Corp., Microcell Telecommunications, Microcell Solutions Inc. and Inukshuk Internet, for, "amongst other things, specific performance, breach of contract, breach of confidence and breach of fiduciary duty in respect of a Right of Use and Right to Match Agreement between UBS Wireless and Inukshuk Internet Inc. ("Inukshuk") for spectrum licenced to Inukshuk," says the press release.
UBS Wireless has instructed its counsel to bring a motion to add the Inukshuk Wireless Partnership, owned directly or indirectly 50% by Bell Canada and 50% by Rogers Communications Inc. ("Rogers"), as a defendant to the original lawsuit.
"The proposed addition of Inukshuk Wireless Partnership to the claim is a result of the action dated March 30, 2006, whereby Bell Canada and Rogers caused the Multipoint Communications Systems (MCS) licences that were held by Fido Solutions Inc. (formerly Microcell Telecommunications Inc.) to be transferred to the Inukshuk Wireless Partnership, even though the asset itself was the subject of litigation for specific performance," says the release.
The assets and rights that need to be protected are significant to UBS shareholders and as such the company intends to vigorously pursue these rights.
UBS has retained McMillan Binch Mendelsohn LLP to litigate this claim as Lenczner Slaght Royce Smith Griffin LLP, UBS’ previous counsel, removed themselves as counsel since that firm was conflicted because of its relationship with Bell Canada.
