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Ontario Court Orders Ottawa to Repay Mobilicity Investors Over $500 Million

Justice Osborne’s decision holds Ottawa liable for negligent misrepresentation after it retroactively altered spectrum resale rules

A person uses a mobile phone while walking by a Mobilicity store on the day that Telus announced its plan to purchase the small wireless company on Thursday, May 16, 2013. (Michelle Siu for The Globe and Mail)
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Overview

  • Justice Peter Osborne found that Ottawa induced Quadrangle Group LLC and Obelysk Media Inc. to invest $243 million in 2008 under five-year resale assurances before changing the rules in 2013.
  • The 2013 retroactive ban on selling Mobilicity’s spectrum licences to incumbents immediately devalued investors’ assets and breached the government’s duty of care.
  • Industry Canada improperly intervened in Mobilicity’s sale by threatening to exclude Telus from future spectrum actions and delaying licence approvals to secure Rogers’s 2015 acquisition.
  • Investors have calculated their recoverable losses at more than $500 million, including prejudgment interest, and will receive reimbursement under the court order.
  • The federal government has said it will review the ruling and is expected to appeal the decision.