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Telus sues Rogers over advertised claims

Last Updated: Wednesday, November 18, 2009 | 8:30 PM ET

Telus says the new network it built with Bell and uses for the iPhone is not inferior to Rogers' and is suing Rogers for claiming in ads that its network is the most reliable.Telus says the new network it built with Bell and uses for the iPhone is not inferior to Rogers' and is suing Rogers for claiming in ads that its network is the most reliable. (Associated Press)

A hotly contested battle for domination of Canada's cellphone and wireless telecommunications market is headed to B.C. Supreme Court.

Telus Communications Co. is suing Rogers Communications Inc., claiming Rogers no longer has the right to call itself "Canada's most reliable" or "Canada's fastest" network.

"This is a hotly competitive industry and we're coming into our busiest season as we get towards Christmas," Telus media relations director Shawn Hall told CBC News on Wednesday. "But that competition should be based on good advertising."

Telus claims a new wireless network it built with Bell Mobility Ltd. and launched this month is faster and wider-ranging than Rogers.

Rogers disagrees, said spokeswoman Carly Suppa.

"All of our internal and external testing since 2007 has consistently demonstrated that we've had the most reliable network," she said. "Telus has not submitted any data on their network performance and we look forward to vigorously defending our position in court."

In its writ of summons dated Nov. 12, Telus claims it demanded on Nov. 5 that Rogers cease representing itself as the fastest and most reliable network but that "Rogers has refused to comply with this demand, in whole or in part."

Telus was seeking an injunction to stop Rogers' distribution of the ads as well as damages and legal costs.

Bell is not involved in the lawsuit.

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