PUBLIC MOBILE INC. Applicant v. ATTORNEY GENERAL OF, 2011 FC 267

Federal Court Cour fédérale Date: 20110307 Docket: T-26-10 Citation: 2011 FC 267 Toronto , Ontario, March 7, 2011 PRESENT: The Honourable Mr. Justice Hughes BETWEEN: PUBLIC MOBILE INC.

Applicant and ATTORNEY GENERAL OF CANADA , GLOBALIVE WIRELESS MANAGEMENT CORP., BELL CANADA, ROGERS COMMUNICATIONS INC., SHAW COMMUNICATIONS INC., AND TELUS COMMUNICATIONS COMPANY Respondents and ALLIANCE OF CANADIAN CINEMA, TELEVISION AND RADIO ARTISTS, COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA , AND FRIENDS OF CANADIAN BROADCASTING Interveners REASONS FOR ORDER AND ORDER AS TO COSTS [ 1 ] In my Reasons released February 4, 2011 ( 2011 FC 130 ) I invited the parties to make submissions as to costs.

I have now received those submissions. [ 2 ] The Respondent, Telus Communications Company, submitted that it would bear its own costs; therefore no costs will be awarded for or against Telus. [ 3 ] Counsel for the Applicant, Public Mobile Inc., by an e-mail to the Court sent February 25, 2011, advised that the Applicant, Public Mobile Inc., the Respondents, Attorney General of Canada and Globalive Wireless Management Corp. have agreed that the Applicant, Public Mobile Inc. should recover its costs from the Attorney General of Canada and Globalive Wireless Management Corp. on a scale being the high end of Column IV, including a second counsel fee, and that quantification should be deferred until the disposition of all appeals.

I agree with this submission and will make an Order to that effect.

ORDER THEREFORE, THIS COURT ORDERS that further to the Judgment dated February 4, 2011 herein: 1. No costs shall be awarded for or against the Respondent, Telus Communications Company; 2. The Applicant, Public Mobile Inc. is entitled to recover costs, including disbursements, from the Respondents, the Attorney General of Canada and Globalive Wireless Management Corp. to be assessed at the high end of Column IV. The quantification of such costs, if then required, shall be deferred until after the final disposition of all appeals. ​Roger T.

Hughes​ Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-26-10 STYLE OF CAUSE: PUBLIC MOBILE INC. v. ATTORNEY GENERAL OF CANADA , GLOBALIVE WIRELESS MANAGEMENT CORP., BELL CANADA , ROGERS COMMUNICATIONS INC., SHAW COMMUNICATIONS INC., AND TELUS COMMUNICATIONS COMPANY v. ALLIANCE OF CANADIAN CINEMA, TELEVISION AND RADIO ARTISTS, COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA , AND FRIENDS OF CANADIAN BROADCASTING PLACE OF HEARING: Ottawa, Ontario DATES OF HEARING: January 19 & 20, 2011 REASONS FOR ORDER AND ORDER AS TO COSTS BY: HUGHES J. DATED: March 7, 2011 APPEARANCES :

John B. Laskin Torys LLP, Toronto , ON Michael H. Ryan Arnold & Porter LLP London, England FOR THE APPLICANT Robert MacKinnon Alexander Gay FOR THE RESPONDENT (Attorney General of Canada ) Thomas G. Heintzman QC Malcolm M. Mercer Anna Matas FOR THE RESPONDENT (Globalive Wireless Management Corp.) Kenneth Jull Stephen Schmidt FOR THE RESPONDENT (Telus Communications Company) Steven Shrybman FOR THE INTERVENERS SOLICITORS OF RECORD : Dougald E. Brown Nelligan O​Brien Payne LLP Barristers & Solicitors Ottawa , Ontario FOR THE APPLICANT Myles J.

Kirvan Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT (Attorney General of Canada ) McCarthy Tetrault LLP Barristers & Solicitors Toronto , Ontario FOR THE RESPONDENT (Globalive Wireless Management Corp.) Stephen Schmidt Chief Regulatory Legal Counsel Telus Communications Company Ottawa, Ontario FOR THE RESPONDENT (Telus Communications Company

Sack Goldblatt Mitchell LLP Barristers & Solicitors Ottawa , Ontario FOR THE INTERVENERS