BELL EXPRESSVU vs David Fuss & Incredible Electronics Inc.

[incredible]

This evening I was served notice under the Libel and Slander Act R.S.O.1990c.L.12 as well as the Court of Justices Act R.S.O.1990 C.43.
that my comments to the National News of the CBC are defamatory and constitute libel and slander. Mckenzie says my comment appear to have been made maliciously and / or with the intent of disparaging the reputation and business of his client. It is going to be an interesting fight as we intend to commence an action for damages for their trade in programs when the RCMP raided us and seized units from the earlier deals. It will be very interesting going through their records!!! See you in court Bill !

[Andrew8468]

As a wise man once said, "The truth hurts." so I guess EVu must be in a lot of pain right now.

[Dean_M_Love]

Is Sasa Petrovic and the CBC named as co-defendants?

They seemed to say much more than you actually did.

You will be happy to know that the Law Society of Upper Canada recently contacted me in order to commence an investigation into McKenzie's shenanigans out here filing motions maliciously, and knowingly abusing the Court's process, as well as possible failure to notify his insurers of a claim or potential claim.

I hope very much that they ultimately decide to hold a disciplinary hearing and punish him severely for his abuse of the rules. Considering that he was seeking to have me put in jail and pay a massive fine, and that he ADMITS that he knew he shouldn't have attempted to do that, seems to warrant a serious penalty.

[Dean_M_Love]

....and gee, does it also allege unlawful interference with their customer information that they promised to keep secure.....for THEM being so stupid as to leave it taped to the boxes...

whoops did I call them stupid? might get sued by you know who for those types of comments!

[incredible]

CBC is not named, as he can't deplete their funds without a REAL case.
CBC passed the storey by their lawyers, and they were comfortable about what they reported. It is just a waste of time and money

[gunsmoke2]

Is telling the truth now libel and slander ? LOL



GS2

[morgana]

Actually this is good news, it means these guys are having to go to the bottom of the barrel for their responces to what has happened. If you look at this as a war, if your enemy stops shooting bullets and starts throwing stones at you, it is not a long leap to think they are out of amo. Now I truly believe that BEV and NDS have more tricks up their sleeves, but maybe they just will not use MacKenzie with them. This could be a bad thing as MacKenzie more often then not has been our best weapon against BEV and NDS.

Yes Dean, The Law Society, looking for info is a serious thing, as it means they now have recognized that things have not been within the boundaries set out in law. I am surprised they have moved this quickly, as it has never in the past, that I have ever heard of, moved in any timely fashion. This may well spell the end for William MacKenzie. Could not happen to a more deserving guy, as far as I am concerned. We now have to be more careful then ever as the animal must by now realize he is wounded, and that is when things can get the most dangerous. Lets just hope the courts have finally, seen MacKenzie for what he is and they do not grant him anymore Anton Pillar Motions, unless of course it is against MacKenzie and his law firm. We probably could make more of a case for us against them, then the other way around.

GS2
Yes it has come to a time when the truth, if it is not what these large corporations want to hear, is looked at by them as slander. I am sure a year ago anyone saying ENRON or Worldcom were nothing more then scams, and ripoffs, would have abruptly been taken to court and sued by these giants. What a difference a little time makes. Dave Fuss and Incredible, have little to fear from these suits as I think they are just trying to find some leverage with him, to stop the momentum that has now swung our way. Now is not the time for us to relax though. Lets keep this puppy moving in the right direction. Both Dave Fuss and Dean are now sitting in positions to do just that and I am sure we all are supporting them. If any are not supporting them, then you had better start soon.

[Latinos]

I believe Canada is a Free country,first Bell try to take away our right of freedom of choice,now they are trying to take away our freedom of SPEACH.They are already lossing so much public support,I think this is a sign that we are winning this war.They didn't know that canadians will fight back for their RIGHTS.LET"S SHOW THEM!!!!

[Sgt_Stedenko]

Is telling the truth now libel and slander ?

It sure sounds like it in some people's minds.

[To The Real King!!]

Hi Dave,

I realize this is a Pain in the A S S but it does present a wonderful opportunity to bring this BEV deal before the courts and the PUBLIC again on this illegal thing they did. I am glad to hear you are counter suing and If I can do anything, please let me know. I know the circumstances and I did advise the RCMP and all major Ottawa officials at the time of their last transgression and they did NOTHING. Perhaps THAT is why BEV did it again. Government negligence!!

We need a campaign to get W5 or other Documentary type TV shows to do a piece on this because it will make GREAT press that BEV did this, leaving thousands of names on this breaching peoples privacy in the Deal all across the country.

What you said was both newsworthy and accurate but there is STILL lots of room for a good story to be built around this.

The supposed "victim" breaks the law to get even, or Bell ExpressVu do exactly what they actioned the Supreme court to not to allow. Or perhaps "BEV flaunts breaking the law openly with such wonderful bribes as the "Tiger Woods affair"

They have a lawsuit with "Democracy Watch" for that one (BCE the owner of BEV)

http://www.legal-rights.org/bell/tigerwoodsasbribe.html

Could be some SUBSTANTIAL interest in such a story as I think Canadians more an more mistrust them (BCE) after they let go a few subsidiaries debt load. Many people had invested in these stocks and will lose everthing. TelCo's are not viewed in the best light these days and especially when they do illegal acts shuch as they have done in the past, and on several occasions.

The best of Luck Dave but I know you will win on detail, not luck. They have a pretty big bag of money for the winner :)

But I wonder if the Mac has any insurance nowhttp://www.legal-rights.org/images/ttrk.gif

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Thanks & Good Luck,
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To The REAL King!!

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[Andrew8468]

Originally posted by To The Real King!!


We need a campaign to get W5 or other Documentary type TV shows to do a piece on this because it will make GREAT press that BEV did this, leaving thousands of names on this breaching peoples privacy in the Deal all across the country.


Don't hold your breath waiting for W5 to produce a story about this, but it would be sweet if they did. W5 is a CTV News production, and CTV is owned by BCE. If you drive past the CFTO studios in Toronto (401 and McCowan), they put a big new addition onto the building with a Bell Globemedia sign attached to it

[gunsmoke2]

Excuseview violated their own privacy policy by selling the units with the customer information attached to it..it makes alot of sense to bring this up agmonst other things in court which becomes available to the Public :R



GS2

[Dean_M_Love]

Filing this lawsuit was the next stupidest thing they could do, after having already done the stupidest thing (selling the receivers in the first place). When they left the customer info attached on the receiver, they left no doubt as to the origin of the receivers, and no doubt as to whose negligence resulted in that private information being passed onto third parties.

This will easily allow even the thickest of Judges to find as a matter of fact, that Bell ExpressVu sold these receivers in Canada, and that they knowingly allowed confidential customer information to be passed onto unrelated third parties. Once it has been found as fact, that judgement can then be used by anyone and everyone who is, was or will be sued by ExpressVu.

And even if they did have some agreement with the "middle man", as they allege even though they wouldn't show it to CBC or anyone else for that matter, to export them out of Canada, that would be a matter between them, and would not involve Incredible.

[gunsmoke2]

And they may now have to explain what happened to all the access cards that were not in the units but are taken in as a necesarry part of the trade in program.. time for phoney export papers ;)



GS2

[GhostDog]

hmmm... a few years ago I regularly bought a number of cards off a few different Bell phone center managers who would take the H cards out of the trade-ins and put in F cards.

Also it was widely known that Paul K. (whitby) had regular dealings with a top executive at Bell and was always able to aquire these 'trade-in' systems fairly cheaply, given the market at the time (around 1998/1999 If I remember correctly) yeilded up to $600 CDN for H cards. He had more systems than anybody at the time. Tens of thousands of cards even when the other big players had maybe a couple hundred, if that. Pretty lucrative business happening.

[gunsmoke2]

GhostDog,

Do you have any records of the H cards bought from the different Bell phone center managers ? or their names ? it would be good information to share with Incredible if its not a problem

P Kennedy ?



GS2

[GhostDog]

Yes, I'm referring to Paul Kennedy, who I believe was raided by the RCMP in 1999, not sure what happened with that case. This information I heard from a number of reliable sources, and I'm sure you have heard this before as well. I have no firsthand knowledge of this however, nor do I know the name of this executive that he was dealing with but I do know somebody who was very close to Paul Kennedy at the time that knows this information as he's told me the name before but I never documented it. You have done business with this individual in the past, but I don't know if it would be possible to get this information from him as he has been out of the scene for at least 2 years. I will pm you who I am referring to. I do know that whatever dealings Paul Kennedy had with this Bell executive were extremely extensive and this would make for an entire other case. This executive was selling direct to Paul Kennedy, not even via a middleman like the Incredible Elec. case. I believe that only cards were involved and Paul was supplying the F cards to this Exec. who was in turn 'swapping' them for H cards from the trade-ins. As we both know, H cards were very tough to come by and Paul Kennedy always had thousands, if not tens of thousands.

[To The Real King!!]

Hi Guys,

This whole thing is an amazing exercise in self punishment in my opinion. It should be called “SELF IMMOLATION” and is the equivalent of someone pouring gasoline all over themselves and then lighting it. This is hardly an act that can be blamed on the party who supplied the “match.” How can you possibly blame a “SUICIDE” on someone else.

If Bell ExpressVu did not want to disparage their own business reputation, it is clear that all they would have had to do is NOT break the law and NOT sell these American Receivers that they took in under this repatriation program in Canada, considering the ruling they obtained from the Supreme Court of Canada. Doing so is not only in contravention of the Ruling they obtained, was not only something that was obviously giving the law the clear “finger” by ignoring the Supreme Court of Canad but it was also clear that doing this would hurt them "IF" they were in fact actually hurt by the sale of American receivers into Canada.

It would have been trivial BUT MUCH MORE EXPENSIVE, for them to export these systems to the USA, thus ensuring to some extent that they would not show back up in Canada.

Companies such as Bell ExpressVu usually do NOT normally harm themselves and their business interests by their own actions. So it is safe to conclude that the greed of Immediate Profit was an overriding factor and that this action does NOT in fact, harm their business interests. They know BEST as to what is in their interest and against their interest and it is clear that they do NOT view that American Receivers sold back into Canada harm their interests in any way. This is clearly shown by the fact that they have done this repeatedly and this is far from the first time they have sold these in Canada. Its not even the first time they have sold these only to end up in the hands of Incredible Electronics. I even publicly posted the information on a previous sale, writing to Jean Monty the BCE president and to the head of the RCMP, the Attorney General of Canada and the Justice Minister on that occasion.

http://www.legal-rights.org/Documents/evscans.html

But that did not even slow them DOWN!!! And here is the actual LETTER I sent to Mr. Monty but look at the bottom as to who received a copuy of it too:

http://www.Legal-rights.org/Documents/jeanmonty.html

There is CLEAR negligence here by both BCE the Bell ExpressVu parent and by the CANADIAN GOVERNMENT and the RCMP.
In fact, its clear to me that they would simply repatriate these receivers a second time and that this would BUILD UP their sales to Canadians, as it has since the start. The fact that they also sold some 3500 H-Card access cards back into Canada as well and that they must know this fact will also come out publicly in the course of this action, also shows that they do not expect these actions to harm them. While their lawyer McKenzie has always stated openly that these cards are the property of NDS or NDA (News Datacom Americas) it is crystal clear that what is good for other defendants is NOT good for their CLIENT Bell ExpressVu who have profited from the sale of these Cards.

I believe the leaving of the names of the Canadians who turned in these receivers in a repatriation offer were simply left on these by an act of carelessness and negligence because this did not affect them and they were worrying about their SELF INTERESTS exclusively.

That they sold the H-Cards to someone else is quite clear, knowing that they would get into the “pirate“ market which is in fact, I am sure, where they were sold. This too was a question of self interest either being more important than any possible “harm“ and/or the fact that there really is no harm when this happens. Simply another round of repatriations in place.

For BEV to sue based on this and knowing that this will be well publicized in Canada, clearly showing once more how little concern BEV has for the privacy of their customers and that they are not worried about showing their illegal acts because they are protected by the current government by acts of bribery such as the “Tiger Woods” affair and whatever other arrangements they have simply again shows that this whole “wrongful action” by them DOES NOT worry them in the slightest. Thumbing their noses at the Canadian legal system in this way, acting with impunity is just one more example of the lawlessness of Canadian Corporations who are protected by the Liberal Government.

Dave Fuss, to my recollection, simply said exactly what I was thinking and I don’t think that there is anyone in Canada who were not incredulous at Bell ExpressVu for doing this. But they could easily have avoided this by NOT selling them into Canada. My thoughts were IDENTICAL to the opinion expressed by DAVE and is ask clearly “DID ANYONE HERE NOT ALSO THINK THIS”?

Yes Bell ExpressVu and the Broadcasters have such a stranglehold on the PRESS in Canada that they may never have expected that anyone would present a view to the public that went against their self interests and that may have been why they did this so openly. But the press will have an obligation to follow this matter which is of great interest to the public in Canada and I predict that it will come out and failing the STOCK MARKET interests and the other “wrongful actions” of the telecom industry getting bigger press, this will get a top billing in the press across Canada. And the CBC are ideally positioned to get a WHOLE LOT MORE mileage from the issue.

So get ready Sasha, there is a whole lot more to come for you herehttp://www.legal-rights.org/images/ttrk.gif

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Thanks & Good Luck,
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To The REAL King!!

Freedom has nothing to fear from the truth!
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Please REMEMBER OUR WAR HERO’S (http://www.legal-rights.org/remembrance.html) <-- Click here Please!


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