|2010-07-27, 12:27 PM||#1|
Join Date: Feb 2004
Location: Vancouver, BC
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:
The full reasons can be found here.