Vincent Wesley dba MTLFREETV.COM et al v. Bell Canada et al, 2017 FCA 55
Justice Gauthier; Justice Scott; Justice de Montigny - 2017-03-20
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This is an appeal from a decision of Justice Tremblay-Lamer of the Federal Court (2016 FC 612) granting an interlocutory injunction in favour of the respondents to prevent the appellants from among other things, advertising for sale, distributing for sale, distributing and selling preloaded setup boxes that are adapted to provide users with unauthorized access to the respondents' programs. ... Having carefully reviewed the evidentiary record, we are satisfied that it was open to the Federal Court to conclude as it did. In our view, in light of the uncontradicted evidence including the advertisement that these pre-loaded set up boxes are a way to access free tv content and avoid cable bills, the Federal Court was entitled to draw the inferences that it did. What the appellants are seeking is that this Court re-weighs the evidence and substitutes its own assessments to that of the Federal Court. It is not our role to do so, given that the appellants have not persuaded us that the Federal Court made an overriding and palpable error in evaluating the voluminous evidence before it. The appeal will therefore be dismissed with costs in the amount of $5000 (all inclusive).
Decision relates to:
- A-203-16 - VINCENT WESLEY dba MTLFREETV.COM ET AL v. BELL CANADA ET AL which is an appeal from 2016 FC 612 in T-759-16