The court case against the province of Nova Scotia by TDC Broadband will soon be going to trial.
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Jeremy Smith, a lawyer with Patterson Law working on the case, says they have wrapped up the Discovery and Disclosure part of the case, and are now waiting for trial dates.
Discovery and Disclosure typically takes a long time, he says, because of the amount of information that needs to be gathered and questioning witnesses under oath. Expert reports are also needed.
TDC Broadband Inc. started a pilot project in Caledonia in late 2004 to bring high speed Internet to the rural community. During that time, the province pledged to bring high speed Internet to all of Nova Scotia by the end of 2010.
Although the pilot project was deemed a success, with other municipalities expressing interest in the project, the company ran into trouble in 2006 and later declared bankruptcy.
The company alleges they were shut out of the tendering to bring high speed Internet to more communities in South West Nova Scotia. Up until the bidding was open, they believed they were working as partners with the provincial government, and the tender process was just a formality.
However the province required a $500,000 performance bond, which they say shut out their company and any small companies from bidding on the project. As a result of the provinceâ€™s actions, TDC says they could no longer stay in business and were forced into bankruptcy.
The company also claims their confidential business model and technology information were provided to the province, and used as the method and business model as its basis for delivery of province-wide service.
TDC is seeking damages for loss of business, costs for bankruptcy and court fees, and damages for the loss of past and future profits.