BC Supreme Court dismisses portions of Novus lawsuit against Shaw - Canadian TV, Computing and Home Theatre Forums

Go Back   Canadian TV, Computing and Home Theatre Forums > Canadian Internet, Phone, TV and Wireless Service Providers > Shaw Communications > Shaw Cable

Thread Tools Search this Thread Display Modes

Prev Previous Post   Next Post Next
Old 2010-07-27, 12:27 PM   #1
Join Date: Feb 2004
Location: Vancouver, BC
Posts: 4,665
Default BC Supreme Court dismisses portions of Novus lawsuit against Shaw

As has been previously discussed at some length at Digital Home, Novus has complained about certain Shaw promotions that targeted Novus customers. Novus filed a civil action against Shaw in the BC Supreme Court. On July 22, 2010, Mr. Justice Greyell of the BC Supreme Court granted Shaw's application striking out portions of the Novus suit.

Specifically, Mr. Justice Greyell agreed with Shaw that whether Shaw's activities in targeting Novus customers were legal was not within the Court's purview. Novus framed its complaint as a breach of the federal Competition Act and the Court agreed with Shaw that such a complaint fell within the jurisdiction of the Competition Tribunal and struck out those paragraphs of Novus' Statement of Claim that relate to Shaw's limited area promotions in certain buildings in which Novus provides service. The Court also struck out the portions of the Statement of Claim that sought damages in tort against Shaw on the basis that they disclosed no reasonable cause of action.

Novus also complained that Shaw's "Now 50% Faster" campaign suggested that Shaw's internet service was 50% faster than what Novus offers. To quote Mr. Justice Greyell:
In applying these tests to the "Now 50% Faster" advertisement I am unable to conclude a reasonable person would view the words used as referring to the plaintiff's business. I am of the view the interpretation any reasonable person would place on the words is that Shaw is directing the advertisement to its own customers, and anyone else who might be interested, that its services are 50% faster than they used to be. This fact is made clear by Shaw's use of the word "Now" - which implies that in the past Shaw's services were slower and that Shaw has "Now" improved the speed of its services The advertisement makes no reference to Novus or to any Shaw competitor.
The effect of the decision dismisses the torts of injurious falsehood and unlawful interference. It also confirms that the proper venue for any complaint Novus does have rests with the appropriate administrative tribunal, not with the Court.

The full reasons can be found here.
JohnnyCanuck is offline  

Quick Reply

Register Now

In order to be able to post messages on the Canadian TV, Computing and Home Theatre Forums forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.
User Name:
Please enter a password for your user account. Note that passwords are case-sensitive.
Confirm Password:
Email Address
Please enter a valid email address for yourself.
Email Address:


Human Verification

In order to verify that you are a human and not a spam bot, please enter the answer into the following box below based on the instructions contained in the graphic.

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

All times are GMT -4. The time now is 07:36 PM.

Forum Sponsor

Search Digital Home

Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2015, Jelsoft Enterprises Ltd.