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View Full Version : A BIG WIN IN THE APPEALS COURT OF B.C.


To The Real King!!
September 7th, 2000, 11:09 AM
Hi Everyone,

I have the BEST POSSIBLE NEWS!!!!!!!!!!!!!!!!!!!


In the BC COURT OF APPEALS today CANAM WON!!!!!

The judgement is 2 for Canam with the third judge dissenting so its a GIANT WIN!!

This will now be a follow through with 3 cases in Quebec which were already winners on their own merit and now the rulings will for sure come down as favorable. Apart from this there are several cases in Ontario as well as Eddies Northsat case all of which will be won as a follow through. Even if Eddies ruling comes later how could his judge ignore Thunder Bay, Canam and then 3 Quebec rulings.

I just got off the phone with Mr. Peck and Kevin Filkow and this comes directly from the horses MOUTH.

GS2 is having Root canal but nonetheless took the time to set up phone calls to talk them himself as did several of us but he while the dentist impatiently waited. Good thing the dentist was smart enough to say nothing because I think he would have regretted it :).

ITS A GIANT WIN and I will have the ruling in my hands this afternoon and possibly posted on legal rights by tonight.


Just to be clear this ruling concerns the INTERPRETATION of the LAW and the POSITION that WE (the REAL Satellite industry, not the johnny-come-lately BEV & *Choice) have always held and that is that it is NOT illegal to receive International encrypted satellite signals by Canadians, whether they pay for them or not.


This is an occasion that many of us have waited YEARS for and suffered unspeakable harassment and contemptuous treatment by the RCMP and our Government.

And as we have always said “THOSE AH’s WE WRONG!!!

Am I happy. Well does a BEAR ---- in the Forrest. Is the pope a Catholic, are snake eyes “close to the ground.”

Yes this is one of the happiest days in the past many years for me, for my business and for the Industry I have loved since 1983 when I first became involved in it. Yes folks, SOMETIMES RIGHT is on RIGHT’s side and we the REAL Satellite industry WIN!!!!!!!!

So its APPEAL DISMISSED and the ruling UPHOLDS Mr. Justice Brennans ruling and very well stated decision. THAT IS THE LAW IN CANADA TODAY!!

Oh and did I mention that something even BETTER comes out of this.

The LOSS for William McKenzie, attorny at law and .. well you know. He LOST IN BC, HE LOST in WINNIPEG and NOW he will lose against the AMERICANS IN EDMONTON. He has GOT to be the LOOSINGEST Lawyer in Canada right now :)

To SUCCESS and to the SATELLITE industries REVIVAL and to FREEDOM of CHOICE in CANADA.
http://www.legal-rights.org/images/bigsmiley.gifThanks & Good Luck,


HERE IS THE COMPLETE RULING AT



http://www.legal-rights.org/rulings/BCappeals.html

To The REAL King!!
-----------------------

[url=http://www.dsschat.com/forum/forumdisplay.php?forumid=26]Newbies PLEASE CLICK HERE

[Edited by To The Real King!! on September 7th, 2000 at 08:18 PM]

North Sat
September 7th, 2000, 11:27 AM
FAH-KING-A :)

best money I ever spent (...well almost ever)

Shall we take up a collection to send McKenzie some black roses?

...this was definitely worth staying up past my usual 6-7am bedtime....

gunsmoke2
September 7th, 2000, 12:35 PM
Ask if I am Happy :) :) :)

Was calling during my route Canal..Dentist has an Echo system..

Get a Life McPuke.. and Pukeview go cry to Ottawa.. see you there in a year or so.. Bahahaha..

My case..I can smell the WIN coming.. and MANY more..

I will have alot more to say later on.. right now I just want to enjoy the moment..

GS2 http://www.legal-rights.org/images/smilesmok.gif

gunsmoke2
September 7th, 2000, 12:54 PM
Enjoy all!

http://www.courts.gov.bc.ca/jdb-txt/ca/00/04/c00-0493.htm


GS2 http://www.legal-rights.org/images/smilesmok.gif

nimiq
September 7th, 2000, 02:59 PM
WOW! What a day this is. Just when I thought we didn't live in a free country.

Sonic(((B00M)))
September 7th, 2000, 05:31 PM
YA-HOO !

luvtowin
September 7th, 2000, 07:32 PM
[i]

I will have alot more to say later on.. right now I just want to enjoy the moment..

GS2 http://www.legal-rights.org/images/smilesmok.gif

[/B]

GS2, Ihope you weren't talking about the root canal.

North Sat
September 7th, 2000, 08:37 PM
Kenneth William McKenzie makes his home in Orillia, Ontario and is the proud father of four children.

Mr. McKenzie was called to the bar of Ontario in 1977. Now he practices law as the senior litigation partner of the law firm of CRAWFORD, McKENZIE, McLEAN & WILFORD. He maintains an international commercial litigation practice with emphasis on disputes involving communications, high technology electronics and corporate oppression remedies.

He is the founder and past president of an Alternative Dispute Resolution organization and is an experienced arbitrator and mediator.

Mr. McKenzie's practice has taken him to many parts of the world where has negotiated and resolved a number of international commercial disputes.

During his practice Mr. McKenzie has represented his clients before the Federal Court of Canada; the Ontario Court of Appeal; Administrative tribunals including the C.R.T.C., the Ontario Labor Relations Board and the Ontario Municipal Board. Mr. McKenzie currently represents Plaintiffs in three separate class actions in Ontario.

In addition, Mr. McKenzie has appeared before a number of foreign Courts in Illinois, California, Texas and New Jersey in the United States, and the Joint Venture tribunal in Beijing China and the Foreign Ministry of Business tribunal in Moscow, Russia.

Recently Mr. McKenzie appeared as lead counsel in the successful test case in the Federal Court Trial Division and Court of Appeal which interpreted a 1991 amendment to the Radiocommunication Act that is of utmost importance to the cable and satellite television industry in Canada.

In 1997, the Bar of Alberta honoured Mr. McKenzie by the acceptance of his application, allowing him to appear as counsel before the Court of Queen's Bench in that province. And most recently the same honour was given in 1998 by the Bar of British Columbia, allowing Mr. McKenzie to appear as counsel before the Supreme Court of British Columbia.

In September of 2000, Mr. McKenzie is hoping to get new employment flipping burgers at McDonalds. Any assistance in obtaining this position would be greatly appreciated

foxbro
September 7th, 2000, 09:05 PM
I don't want to rain on your parade but please refer to my post in General Dss Issues. I know that this is a U. S. issue and not Canadian but I would like to know if this info is out in the puplic thru the courts and is this a scam based on this possibillity. This just happened today.

foxbro
September 7th, 2000, 09:50 PM
TTRK ... I looked up the lawyers named, on bigfoot. They are real. Where did they get the CC info? Tell me if I shouldn't be telling you this here. I thought you and others would like to know.

gunsmoke2
September 7th, 2000, 10:28 PM
I called my buddy at MacDonalds..

Says they are not interested in flipping McPuke burgers.. and are concerned about him peeing in the wrong washroom..

I would like to help him out.. but ---- its not an easy one..

Perhaps he should get in the unemployment line.. think I could get him to the front of the line.. hope that helps

GS2 http://www.legal-rights.org/images/smilesmok.gif

North Sat
September 8th, 2000, 12:43 AM
He's still in denial, check out this email (which by the way he answered at about 2:00 am)

As soon as we get the web page address which should be Monday. Please be patient since we are lawyers not webmasters.
If you would care to provide your name and coordinates we can alert you to other aspects of these cases still to be decided. You will have noticed that the Court of Appeal did not overturn the anti-piracy injunction which is still in force against Can-Am.

Thanks. Bill McKenzie
----- Original Message -----
From: North Sat
To: mclaw@mclaw.ca
Sent: Thursday, September 07, 2000 9:12 PM
Subject: Recent rulings


Hi, I noticed you have some satellite related decisions posted on your webpage.

When will you be adding the most recent Can-Am decision from BC?


obviously he also hasn't connected 'northsat' yet....

honky
September 8th, 2000, 04:06 AM
Well. this is certainly the best news I've heard in awhile.
Congrats to all on a gigantic win against those who want to force their agenda at the sacrifice of freedoms for all Canadians.

In the future. will this and all the other favorable rulings
deter "the powers that be" from harrassing dealers in American syatems?

gunsmoke2
September 8th, 2000, 09:26 AM
Friday, September 8, 2000
Satellite decision consumer victory
B.C. court rules against Bell Expressvu

By MARYANNA LEWYCKYJ, TORONTO SUN
British Columbia's Court of Appeal has ruled that Canadians have the right to choice when it comes to satellite service.

The decision is a victory for sellers of satellite services not sanctioned by Canadian regulators and for consumers who have so-called "grey-market" satellite services.

In a court case titled Bell Expressvu vs. Rex et al, the B.C. Appeal Court yesterday upheld a lower court ruling that stated Can-Am Satellites of Maple Ridge, B.C., was not acting illegally by selling services not approved by the Canadian Radio-television and Telecommunications Commission (CRTC).

"It's probably the biggest victory in Canada to date," said Richard Rex, owner of Can-Am Satellites. "The ruling enforces the idea that you're not a criminal if you have a satellite system from the U.S."

Rex has incurred $70,000 in legal fees fighting Expressvu, which sued Can-Am last November. He expects Bell Expressvu will appeal to the Supreme Court.

A spokesperson for Bell Expressvu said no one was available to comment on the case.

Both Bell Expressvu and StarChoice are CRTC-sanctioned services, while U.S.-based Directv is not.


GS2 http://www.legal-rights.org/images/smilesmok.gif