TORONTO – UBS Wireless Services yesterday filed a statement of claim in Ontario Superior Court against the Inukshuk Wireless partnership.
UBS Wireless is a subsidiary of Unique Broadband Services (as is Look Communications) while Inukshuk is 50-50 owned by Bell Canada and Rogers Communications.
The statement of claim, says the UBS press release issued late Thursday, seeks a mandatory order requiring the Inukshuk Partnership to return to Fido Solutions (formerly Microcell Telecommunications) any and all rights or licences to use or exploit the Inukshuk Multipoint Communications Systems (MCS) Spectrum and such other, interim, interlocutory or final relief as may be necessary to enable Fido to comply with any order requiring the specific performance of certain obligations to UBS Wireless.
Rogers purchased Microcell in 2004 and in 2005, partnered with Bell to build out fixed-wireless company Inukshuk across the country
UBS has already filed a statement of claim on April 21, 2004 against Allstream Corp., Microcell Telecommunications Inc., Microcell Solutions Inc. and Inukshuk Internet for 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 for the MCS spectrum licenced to Inukshuk.
On March 30, 2006, "Rogers and Bell caused the MCS licences that are the subject of that litigation to be transferred to the Inukshuk Partnership and any successful result of this claim will result in a direct claim against each of Bell and Rogers," says the UBS press release.
"The assets and rights that need to be protected are significant to the company’s shareholders, and as such, the company intends to vigorously pursue these rights. Regulatory approval transferring the rights in the MCS Spectrum to UBS Wireless will be required upon a favourable decision by the Court. The outcome of the Court’s decision or the decision of any government department or agency, or other regulatory body cannot be predicted at this time," it concluded.
This is one of several court actions UBS has launched recently.
