Canadian mobile start-up Wind Mobile (Globalive) has emerged victorious from a 20-month long legal spat over its right to operate in the country, reports the Montreal Gazette. Rival operators had protested that the firm broke the country’s foreign-ownership laws due to one of its major shareholders being Egypt-based Orascom, and called for the fledging network to be shut down. However, this week’s decision from the three-member Federal Court of Appeal panel of justices ruled that Globalive is a “Canadian owned and controlled company” and was compliant with foreign ownership laws. Under current Canadian telecom laws, foreigners are prevented from owning more than 46.7 percent in combined direct and indirect equity in Internet, wireless and phone service providers.

The legal battle began in 2009 before Globalive had even launched, with the Canadian Radio-television and Telecommunications Commission (CRTC) backing complaints from incumbent operators Rogers, Bell and Telus, and ordering Globalive to suspend its launch. As well as foreign ownership, the complaint also concerned the heavy debt load used to fund the launch. The CRTC’s decision was overruled by the government, though this decision was also contested by rival operators, which accused the government of trying to promote foreign investment. A Federal Court judge backed this view in February this year and quashed the government’s decision, putting Globalive at risk again. However, over-turning the decision once more, the appeal court ruled this week that the government was right to act on the grounds that the CRTC was “unduly stopping a Canadian-controlled company from legally entering market, and thereby hindering competition.” According to Wireless intelligence, Wind Mobile had 270,000 connections at the end of Q1 2011.