TORONTO – The Ontario Superior Court of Justice this month dismissed a claim requiring the Inukshuk Wireless Partnership (Rogers and Bell) to return MCS spectrum to a subsidiary of Rogers.
UBS Wireless Services Inc. subsidiary Unique Broadband Systems Inc. started litigation against Allstream and Rogers subsidiary Microcell and two of its subsidiaries, including Inukshuk Internet Inc., in April 2004. UBS alleges that there were breaches of contract, confidence and fiduciary duties regarding a signed agreement involving the MCS spectrum.
After Rogers and Bell asked Industry Canada to transfer the MCS spectrum out of the companies being litigated against and into a new partnership between Rogers and Bell (Inukshuk Wireless Partnership), the MCS spectrum asset under litigation was removed from the Rogers subsidiaries being sued.
UBS filed a second claim in August 2007, asking that the Inukshuk Wireless Partnership (Rogers and Bell) be forced to return the MCS spectrum asset to the Rogers subsidiaries under litigation if the courts ruled in favour of UBS Wireless’ 2004 litigation claim.
UBS Wireless stated in a media release that it continues to pursue its April 2004 litigation against Allstream and the Rogers’ subsidiaries.
