Canadian mobile start-up WIND Mobile (Globalive) says it is exploring its options following a Federal Court ruling that overturned an earlier government decision that allowed the operator to launch. In November 2009, the government ruled that WIND Mobile did not break Canada’s ownership laws, overruling an original verdict by the Canadian Radio-television and Telecommunications Commission (CRTC) that WIND Mobile was ineligible because of its financial backing from Egypt-based Orascom Telecom. However, the latest ruling by the Federal Court of Canada – brought by rivals Public Mobile and TELUS – has overturned the government’s decision due to legal technicalities – or what the court referred to as “errors of law.” The court’s decision takes effect in 45 days, while the operator has 30 days to file an appeal and ask the Federal Court of Appeal for an extension to the stay if it wants to keep operating while an appeal is heard.

“We are currently examining our options but this is not over yet. We don’t intend to back down,” said WIND Mobile chairman Anthony Lacavera in a statement. He added – in a nod to WIND Mobile’s alleged lack of indigenous heritage – that “I am a proud Canadian and WIND Mobile, like the entire Globalive group of companies, is proudly Canadian.” WIND Mobile has been the most high-profile of the new Canadian mobile start-ups, clocking up 250,000 subscribers within its first year. “We won’t let this be a set-back for wireless competition in Canada and are consulting with our advisors to determine our next steps,” said Lacavera. According to a Wall Street Journal report, shares in incumbent mobile operators such as Rogers Wireless rose on speculation that WIND Mobile could be shut down. WIND Mobile last week announced it was launching HD Voice technology throughout its network in Canada.