Motion for stay of licence issuance dismissed for failure to meet injunction test.
The applicant, TELUS, brought an application for judicial review of the Minister's decision to qualify Vidéotron for set-aside licences in the 3500 MHz spectrum auction in Western Canada.
TELUS sought an interlocutory injunction to prevent the issuance of the disputed licences until the judicial review was decided.
The Federal Court dismissed the motion, finding that TELUS failed to establish a serious issue to be tried, irreparable harm, or that the balance of convenience favoured granting the stay.
The Court held that the alleged harm was the intended result of the policy to foster competition and that public interest weighed heavily against the stay.
