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RiseStar
November 1st, 2006, 08:19 PM
[Courtesy Skyreport]


The Canadian electronics company once known as Incredible Electronics has been ordered by the Ontario Superior Court of Justice to pay for case costs of the Attorney General of Canada and Bell ExpressVu from a recent legal battle. Although court documents said the exact cost has yet to be determined, the amount was estimated by the company's claims on a substantial protective basis to be at least $2.2 million.


The decision stems from an unsuccessful attempt by Incredible and others to declare the Radio Communications Act of the Canadian Charter of Rights and Freedoms guarantees freedom of expression. Through Incredible's application, the company and its co-signers were seeking to use the Charter to strike down Canadian legislation that restricts Canadian consumers the right to receive satellite TV from foreign broadcasters (i.e. the United States).


According to a summary of the court documents, Bell ExpressVu was granted "intervener" status in the application and filed evidence - including affidavits of private investigations - that indicated some of the applicants, namely Incredible Electronics, were engaged in black market activities. Incredible's director, David Fuss, withdrew the application at that time and the court granted the company permission to abandon its request.


The initial decision by Canadian Justice Paul M. Perell was released in late May of this year, but the court's actions had not been made public until being published in the Oct. 20 edition of Ontario Reports Law Review for a legal order.