McCarthy Tétrault Achieves Successful Outcome for Globalive Wireless

Toronto, April 30, 2012 — McCarthy Tétrault is pleased to announce the end of a long-running litigation concerning its client Globalive Wireless Management Corp., operating as WIND Mobile. On April 26, 2012, the Supreme Court of Canada (SCC) declined to hear a challenge to a Government of Canada decision that Globalive is entitled to offer wireless services in Canada.

The SCC’s denial of leave to appeal was welcomed by Globalive, which has been operating during the related litigation since 2008 when, as a new entrant into the market, it participated in Canada's wireless spectrum auction and was issued spectrum licences by the Minister of Industry. Then, the Canadian Radio-television and Telecommunications Commission (CRTC), Canada's telecommunications regulator, held that because of the debt advanced to Globalive by Egypt's Orascom Telecom Holding SAE, Globalive did not meet the foreign ownership and control rules, and was therefore ineligible to operate as a telecommunication carrier. The ensuing legal proceedings saw the federal government over-rule the CRTC, concluding that Globalive did meet the Canadian ownership and control test. Then in February 2011, the Federal Court set aside the government's decision. In June 2011, the Federal Court of Appeal overturned that decision, accepting the submissions of Globalive and the government.

In Public Mobile Inc. v. Canada (Attorney General), 2012 SCC DOC. 34418, the Supreme Court of Canada has put the dispute to rest and permitted Globalive to continue to operate as a Canadian telecommunications carrier.

McCarthy Tétrault represented Globalive in the CRTC proceedings, Federal Court litigation and SCC leave application, working with Globalive’s Chief Legal Officer Andrea Wood. McCarthy Tétrault’s team was led by Thomas G. Heintzman and included Malcolm Mercer, Hank Intven, Grant Buchanan, Anna Matas, Bram Abramson and Eric Gertner.

About McCarthy Tétrault

McCarthy Tétrault provides a broad range of legal services, advising on large and complex assignments for Canadian and international interests. The firm has substantial presence in Canada’s major commercial centres and in London, U.K.

Built on a unique model of collaboration, the firm brings its legal talent, industry knowledge and practice experience, wherever needed, to help clients achieve the results that are important to them.