Decision

Bell Media Inc. v. Macciacchera (Smoothstreams.tv), 2022 FC 1602

Justice Lafrenière - 2022-11-22

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the Plaintiffs commenced the underlying action against the Defendants alleging that they infringed the Plaintiffs' copyrights ...by developing, operating, maintaining, updating, hosting, distributing and selling subscriptions to at least three known unauthorized internet protocol television [IPTV] services. ... on an ex parte motion by the Plaintiffs, granted an interim injunction against the Defendants pursuant to Rule 374 of the Federal Courts Rules, an Anton Piller Order pursuant to Rule 377, and other ancillary orders. ... The Interim Order was served on the Defendants on July 14, 2022. It was executed over a period of two days by ISS Daniel Drapeau, at Marshall’s residence and at a commercial facility, both located in Barrie, Ontario. ISS Mark Davis, who was selected to execute the Interim Order on Antonio, was refused entry to Antonio’s residence, located in Woodbridge, Ontario. ... On July 19, 2022, the Plaintiffs moved for a declaration that the execution of the Interim Order was lawfully conducted, an order authorizing the Plaintiffs to withdraw the deposit of $100,000 paid into Court as security for the Defendants’ damages in connection with the Interim Order, and an interlocutory injunction order pursuant to Rule 373 to remain valid until a final determination of the underlying action on its merits. ... What follows are the reasons for granting the Plaintiffs’ motion.

Decision relates to:

 

Canadian Intellectual Property