Telus, OCIS court dispute continues
The appeal of the former head of a small Kamloops Internet service provider in an ongoing legal dispute with a Canadian telecommunications giant won't be dismissed just yet, according to a judge in B.C.'s highest court.
In a decision released on Friday, Nov. 18, B.C. Court of Appeal Justice Christopher Hinkson gave the former head of On Call Internet Service (OCIS) an extension to file a motion in a dispute with Telus.
In 2010, Telus assumed control of OCIS after the Kamloops-based company lost a series of legal battles stemming from an initial dispute over billing errors in 2003, when OCIS was contracting services from Telus.
OCIS claimed Telus was overcharging its wholesale Internet clients.
Since the late 1990s, the two providers regularly had disputes over ADSL tariffs.
In 2009, an arbitrator ruled OCIS owed Telus nearly $930,000.
Since then, Cindy Quigley, the former head of OCIS, has been appealing that order and fighting for additional damages from Telus.
The decision released on Nov. 18 dealt with Quigley's attempt to bring her appeal — which had been labelled "inactive" — back before the courts.
Justice Hinkson agreed to allow Quigley to file her motion, but on the condition it is put forward before the end of next week.
Telus had been attempting to have Quigley's appeal dismissed.
But, Hinkson ruled, that won't happen yet.
"I do not propose to comment upon Telus' application for the dismissal of the entire appeal," he said in the written decision.
Hinkson said he will allow Telus to bring the motion for dismissal back before the court "if Ms. Quigley does not proceed with her applications expeditiously."
Quigley, who has argued she is entitled to pursue her legal action against Telus because she is an OCIS creditor, was also awarded her costs.
In previous hearings, Quigley has claimed OCIS is owed more than $1 million by Telus.