On September 30, 2013, the Ontario Superior Court of Justice (Commercial List) granted Data & Audio-Visual Enterprises Holdings Inc. and its wholly owned subsidiaries, Data & Audio-Visual Enterprises Wireless Inc. and 8440522 Canada Inc. (collectively, “Mobilicity”) protection under the CCAA and Ernst & Young Inc. was appointed as the Monitor. Mobilicity carried on business as a telecommunications carrier with liabilities totalling approximately $465 million and a net deficit of $431 million.
The primary asset of the company was its spectrum licence which the Federal Government prohibited it to sell to an incumbent (i.e. Rogers, Telus and Bell) in its bid to control spectrum concentration in Canada. The nature of the assets were unique. It was also an unusual case from the perspective of the involvement of the Federal Government. Former Chief Justice Winkler conducted a failed Court-ordered mediation between Mobilicity, its stakeholders, the Monitor and the Federal Government. Certain of the shareholders have a lawsuit pending for $1.2 billion in respect of the government’s actions.