Court declines to interfere in telecom advertising war

On May 27, 2010, the Ontario Superior Court dismissed a motion brought by Bell Canada  (“Bell”) for an interlocutory injunction restraining Rogers Communications Inc. and Rogers Cable Communications Inc. (“Rogers”) from advertising that Rogers’ internet service is the "fastest" and/or the "most reliable."  Among other things, Bell alleged that the advertising in question breached the misleading advertising provisions of the Competition Act.

The court held that irreparable harm was not established because similar advertising claims had been made by Rogers since 2008, and because Bell and Rogers had litigated other advertising disputes in the past. The court also found that Bell had not factually established that it had suffered actual losses in the market or damage to its reputation as a result of the ads.

On the question of the "balance of convenience," the court concluded that the parties were "aggressive advertisers" and that it would not be justified to interfere in the "advertising war" between two large corporations.

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