M_DeRuke.. Please answer

[gunsmoke2]

M,

The time for an appeal is over by now.. 30 days to file an appeal.

The rumour is that ExpressVu did file an appeal..?

I think it would be to your interest and ours to find out if an appeal was filed.

Your lawyer can easily reasearch this.. or already knows one way or the other.

Also you can go to the court to inquire if an appeal was filed.. it is public knowledge.

It is hard for us to find out simply because we are not located where you are and we don't retain your lawyer.

We do report on all important court matters..

This is very important! and if it was me I would have been counting each day until the the deadline for an appeal was over.

Please find out this very important issue and report back.

Thank you

GS2.

[gunsmoke2]

M,

As I expected ExpressVu has filled their appeal as their window of opportunately had passed.

It has nothing to do with waiting 30 days after the oral transcripts came out.. the clock on the 30 days start when the decision came.

BTW, this information came from your attorney who I just spoke to.. had a nice conversation with him.. don't worry told him to bill me :)

He doesn't see a problem for ExpressVu getting a stay of leave.. in other words they will get a judge to agree to hear the appeal.

However he doesn't think that their chances of success are very good, he felt good that the outcome should be the same with the motion not granted as per Mr Justice Brenner.

He gave me his fax number so if there is anything I think could be relevent I will fax him.

Need to keep all communication open

GS2.

[To The Real King!!]

Hi All,

This is an answer I gave in another forum but I think it may be relavent here. Someone thought this would eventually go to the Supreme court of Canada so I replied.

Because this ruling just involves an injunctive procedure it would NEVER get approval or leave to go to the Supreme Court of Canada. (note that the Supreme Court of BC is just BC's name for their Superior Court system, as that may be confusing for some) The RULING calls for an expedited trial. That means the TRIAL will be rushed and that MAY even stop the appeal in the BC court of Appeals, never mind the Supreme Court of Canada. Injunctions NEVER get there.

If the justice actually did file for an expedited trial (which I am sure he did) and if the trial date preceeds the possible date of appeal then the APPEAL is redundant and will be cancelled as it ONLY prevents the plaintiff (Bell ExpressVu from PREVENTING the defendant (CanAm) from doing business in the period UNTIL a trial of the issue. As he will already HAVE done business, (if the trial comes first, before the Appeals date) then the appeal cannot reverse that fact and is redundant and void. As CanAm will still do business until the appeal, that would just DELAY what he is arguing and is counterproductive.

The REAL importance here is a decision in a trial of the matter and the justice there will be bound by the Justice Brenner ruling or at least will be stuck with it. For them to find differently THE FACTS would have to be different from those that Mr. Justice Brenner considered on and THEY ARE NOT. He STATES what he ruled on and THOSE ARE the issues.

A ruling will have to be made in the Black consent agreement too probably or a ruling of Guilty will be entered if its not defended. However if NO PROHIBITION exists and Canadians are allowed to purchase US programming, then rights, if any would accrue to the broadcaster and not to Bell ExpressVu. The issue then becomes if Canadians are allowed to view International signals and the BROADCASTER has no loss as HE is not authorized, in Canada, to collect a "lawful fee" then are Canadians allowed to view the programming through any method they can? What right of the broadcaster are they depriving him of if he HAS NO RIGHTS to collect?

While they may or may not have a civil right, it certainly is NOT under 9 (1) c of the RC Act. In my belief, they would have to start all over to claim a commercial loss under a different section and that would be extremely difficult to prove.

This will be a very interesting case but one ruled on "Balance of Probability" which is a much lower standard than the "beyond a reasonable doubt" that will be required in the many criminal cases across Canada. If one of those is won, the BC suit will be a cakewalk and SEVERAL of those are doing VERY WELL right now.

Their days of misinterpretation may have passed now :)

Thanks

To the REAL King!!
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