The Commissioner of Competition brought an application against Rogers and Chatr alleging that their advertising claims of 'fewer dropped calls than new wireless carriers' and 'no worries about dropped calls' were false, misleading, and made without adequate and proper testing, contrary to the Competition Act.
The court found that the applicant failed to prove the claims were false or misleading.
However, the court found that the respondents failed to conduct adequate and proper testing in certain cities prior to launching the advertising campaign, thereby engaging in reviewable conduct under s. 74.01(1)(b).
The court also dismissed the respondents' constitutional challenges, finding that s. 74.01(1)(b) is a justified limit on freedom of expression and that the administrative monetary penalty does not engage s. 11 of the Charter.
