Eddie, Can you help.. Please!

[gunsmoke2]

Hi Eddie,

I had mentioned a very little known case in Winnepeg before.

He is being sued by Wic and when he ran out of funds he is now defending himself.

Wic has a motion for permanent injunction against him.. I think he is being used as some sort of pawn...

I would have notified you earlier if I knew.

He is in court on Monday for three days..

Federal court, 363 Broadway 4th floor.. I suspect you know it well :)

Wic vs Starlink. Roy is a nice fellow.. fighting all by himself...

If he looses.. could be a bad judgement for us all.. a win could be another success..

Again I would have let you know earlier.. Roy called me just today.. he probably had mentioned it.. but he kept getting delays.. no more..

Wild willy might be there or his bonehead sidekick Anderson..

You have so much knowledge to share.. I know how busy you are.. but I also know you know how important this could be...

I told Roy I would post to you.. don't know how to reach you..

Roy can be reached at 889-6189.

If you could find some time.. maybe you could co- ride it.. a pilot.. shoot some bullets at Mr McPuke..

I admire Roy for righting.. he hardly does any buisness.. nobody really knows him.. yet he didn't bail out..

Seen others who complain.. have funds and are deadbeats...

I don't know why Wic has gone after Roy.. but fear it is for some other agenda that might hurt us..

Roy is in a position to win... but he's alone.. your support would go a long way..

Please help if you can..

GS2

[North Sat]

Does this gentleman have any legal representation at this point?

It would almost be better if he didn't....

If he is 'winging it' on his own, I may be able to somehow assist him either directly or indirectly in either postponing the matter until proper counsel can be arranged, or at least assisting however possible in keeping willie on his toes....he doesn't like me much, nor I him....I certainly do not need any precedents set here...depending on whether or not it is a sympathetic judge, they may allow a non-lawyer to speak, however this would be rare...it has happened here, when the farmers were fighting the BS about cross border grain sales...finally the law society got an injunction against a particular farmer who was knowledgable in the law and was representing most of the others...they didn't like competition, especially when its free...

I have a very busy weekend, but I certainly can focus on a something for monday if need be...

either respond here and/or leave a message on any of my office lines....I did just here the one you left earlier today and am glad to hear of the situation...

[To The Real King!!]

Hi Eddie,

No he does NOT have any lawyer at thios point.

I just had dinner with Ian Angus tonite but I cant reach him at his moms old house. You are 100% in that we do not need a bad precedent set here. I may not reach Ian although I left a message on his cell phone.

I dont think Roy is up on Kennedy or anything other than the BC ruling which certainly isint enough.

The best possible solution is tif you could get him a continuence. If I can reach Ian we may be able to get him to take the case at some far off futur date and get a contineunce for that but I may NEVER reach him before monday. He has a real estate meeting tomorrow and will probably head back to Port Hope after that and thats 300 miles or so. Please call Roy and see what you can do and If I reach Ian I will ask him to reach you if he can. I am sure he must have a way. This could turn out to be a reall bummer if wild willy is there. Roy is not worried if its Anderson or Vaseline :) but he is worried about the wildman ;)

I'm not too confident no matter who it is and it seems he lost the good judge he had earlier.

Thanks,

To the REAL King!!
------------------
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[gunsmoke2]

Hi Eddie,

Thank you for responding...

No he does not have legal representation now.

He used up all his available funds.. and his now representing or defending by himself.

I was hoping you could give him a call.. I told Roy I would try to contact you.. Roy has about 40 hours of preparation this week end..

Its unfortunate to bring it up with this type of notice... but I only spoke to him today around 4 or 5 PM.

I am not familar with his case other that Wic has sued him and the motion for permanent injunction starts Monday and the court is reserved for three days.

I know he has Talk to Ian a bit.. Ian is in town and we are desparetly trying to reach him tommorrow before he heads home.. if we reach him we will have Ian call Roy.

We might even try to engage Ian at our expense to try to delay the procedings if at all possible..

I agree we don't need precedents set anywhere at this stage.. this one is a bit of a mystery to us.. we are together on this.. and I would not have posted if I was not concern.. the fact is I am..

I would fly out but frankly I am not in a position to counsel much, I believe you are.. certainly better than I

I will leave a message(s) tommorrow with any updates.. will leave a message also if none.

Roy should be available most of the week end at the number I left ( home ) I hope you can understand I would not be coming with such short notice.. I just didn't have any other than today.

But I believe it would be worse if I knew as I do today and had not tried to get in touch with you to bring you up to scratch on this... that would be foolish on my part.

I am glad I have kept contact with Roy otherwise I would have not known.. he pretty much has been calling me as I have always taken his calls and responded the best I could.

I think if you could give him a call and we can reach Ian perhaps we can stradegize a plan.. there isn't much time.

Regards,

GS2

[gunsmoke2]

While I was typing I guess TTRK was also.

A bit of duplication.. but you can see we are on the same path..

Even though I am gunsmoke.. I was a bit slow on the trigger :)

However TTRK you had more spelling mistakes :) my aim was more accurate.. :)

Sleep.... I need some!

[North Sat]

I need this guy to FAX me everything hes got on this (I mean whats been filed from McKenzie, I don't need his defence or rulings etc).

204 668 6579

the sooner the better

I would like to meet with him tomorrow day or evening....

[gunsmoke2]

Just spoke to him..

He should be faxing you in the next hour.

He was up working on his preparations til 3:30 AM.. only to let you know he is doing his best.

He is looking forward to hearing from you.

Have not been able to reach Ian.. maybe TTRK did? can't reach him as yet.

GS2

[North Sat]

yes thanks for catching that...


been up toooo many hours and got too many phonelines....

I will be heading to the office shortly, will check out the info then....


please let him know I will need to see him tomorrow sometime, but I don't know when since I have this other stuff to take care of as well...

I was trying to figger out why they picked him....I looked at his yellow page ad, and I think the dishnetwork logo opposite BEV logo may be one such reason....do you know, did he sign the infamous dealer agreement without taking out the offending "I will not sell US systems" clause?

[To The Real King!!]

Hi Guys,

I did get a hold of Ian Angus on this and as you may know he has spoken to Roy several times. GS2 if you can call me I will give you the info to relay to Eddie. Its not stuff that should be posted publically due to wild willy's snitches here.

Thanks,

To the REAL King!!
------------------
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[gunsmoke2]

Eddie,

Think your fax machine is out of paper.?

Fax you some stuff also.. but not sure if you got.. confirmation said NG.

[gunsmoke2]

He was cancelled in 1998 by Bev. for not meeting their critia.. was also cancelled by the other Jerk company...

I got one of those stupid letters also when they did a mass mailing to dealers who sold nothing..

I am still argueing on Principle as they never told me what their critia was... geez sold one system in a year.. what do they expect. :)

Eddie,

Time is running out... 81 points to rebuttal... on the phone with Roy as I type... he'll be waiting to hear from you.

Don't really understand as it is Wic.. not Bev.. Wic does not even sell directly to the Public..

Mysterious...

[To The Real King!!]

Hi Eddie,

GS2 and I spoke to Roy a while ago for a couple of hours and he seems to have a reasonable handle on things. He could use your assistance though so I hope you will reach him. For the least if you attend, you can assist him during the proceeding. Its quite diffivcult alone but with a knowledgable person like yourself there I am sure you will note wherever he is defficient and get to him tobring up missing parts.

That and your knowledge of the issues would be of tremendous assistance to him.

Even business issues could be put aside for this because that way there will still be a business to be in :)

Please lend a hand if you can because he does have most of the right arguments ready for their allegations, just needs help co-ordinating all of that and things that come up that he may be missing info on.

He has my number and GS2's so he can call during the breaks and lunch if he needs our assistance at all. Being right there though will also assist you in knowing what he pleaded. Its not the trial but rather the injunction so he knows much of the correct arguments and I gave him several that Ian wanted in, to make the record.

Thanks,

To the REAL King!!
------------------
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[This message has been edited by To The Real King!! (edited February 26, 2000).]

[North Sat]

Fax machine has been refilled....

I have looked at the 81 points....not terribly strong....

I can put together a very compelling factum for him to use....

I am missing 2 pages out of the material, I am at the office, perhaps get him to call me at 668-6548 if he is still up.....

[gunsmoke2]

The fax number is incorrect.. so Roy is faxing to 668- 6577

Regards,

GS2

[gunsmoke2]

Hi Eddie,

Well only saw you message now... I know I tried to fax you two pages for four info..

Didn't go through.. wondering if they are mine..?

In any case will pass on to Roy.. but sure he will ask which pages are missing..

He is busy preparing.. it probably would be best if you gave him a call.. going out of town now for a few days.. will have my cell.. and my office can track me down if necessary.

Hopefully my wife can't :) just kidding..

[gunsmoke2]

Its getting kind of late now and as I suspected Roy does not know what two pages you are missing.

If you prepared anything perhaps you can compare with Roy and put the best from both of yours together.

Please give him a call ASAP 889-6189

Thanks Again,

GS2

[North Sat]

You will be relieved to know that it is now 7:26 AM and roy just left my office to go home, shower and make his way to the courthouse. He was here since about 8pm last nite, during which time I drafted a thorough and compelling argument on the interpretation and charter issues.

[gunsmoke2]

Hi, Mr. Eddie,

This is GS2's wife, GS'2 is out of town.
but Roy called him as soon as he got home this morning.

GS's did whatever he could from long distance
with the help of TTRK however,GS2 wanted me
to say that he deeply appreciated the kind
efforts and sacrifice you made with the time
you spent with Roy. As a result Roy is as
prepared as he can be with your value input.

Everyone should know that Eddie spent the
entire night with Roy helping him prepare.
This type of commitment should be reconized
in the highest regard, it should also show
and demonstrate that kind folks in the satellite industry can work together to reach
a common goal.

GS2 will be calling Roy tonight and he will report any updates to me and I will pass them
along.

Thank you Mr. Eddie and TTRK.

Best regards to all,

GS2's wife. :)

[sherman]

This isnt any of my business, I suppose, but I cant for the life of me understand how this sort of suit takes place. It looks like the poor guy has to prove his innocence rather than the opposition prove him guilty.

It also reeks of big guy bullying the small guy into a financial fight knowing full well he hasnt the resources they have. This all leads up to my question, if the defendant wins these sort of cases, can they countersue or at the very least collect legal fees?

[To The Real King!!]

Hi Sherman,

Yes thats exactly what it is. A David and Goliath battle. Roy is about as small as dealers get and WIC thought they would squash him like a fly. Most people would give up but NOT ROY. He is fighting on principle, for what he believes is right and has spent a lot of money and time doing that. Over 18 motions have been heard in this case, I understand.

Hi EDDIE & NorthSat,

Eddie & NorthSat I would personally like to THANK YOU for your enormous commitment to the Industry by spending the entire nite helping Roy out. That was way beyond the call of duty and I feel confident that Roy will be going into court as well prepared as he can be. I know what a big sacrifice it was just before a major shipping deadline for NorthSat's new Equalizer ][ and very few would have taken the time at a time like this. I know you havent had much sleep lately to begin with and probably wont get any soon.

It is highly and deeply appreciated and like GS2's wife I THANK YOU on behalf of the entire Industry, who in my opinion, really "owe you one".

I just hope that we can return the favor at some point.

Thanks to Mrs GS2 and to GS2 and especially to ROY who is fighting HARD on PRINCIPLE alone.

Thanks,

To the REAL King!!
------------------
Freedom has nothing to fear from the truth!
http://www.legal-rights.org/pulsar.gif VOTE REFORM!! http://www.legal-rights.org/pulsar.gif
http://www.legal-rights.org/lrbanner.gif
http://www.legal-rights.org
Now open with lots of useful resources at your disposal!


[This message has been edited by To The Real King!! (edited February 28, 2000).]

[gunsmoke2]

Hi all,

This is GS2's wife again. GS2 spoke To Roy and ask me to pass this on.

After no sleep David fought goliath from 9:30AM to 4:30 PM. with one hour for lunch.

Roy feels it went well for him and
had a reasonable Judge who gave him some slack. Wild willy was not there only Anderson.

Roy gave it all he had and passed out as soon as he got home tonight. It continues tommorrow at 10:30 AM with Anderson giving his rebuttals and it should be finished Tommorrow.

GS2 thinks that Roy is one of the unsong heroes in the industry and no matter what happens GS2 says that we should all be Proud of Roy.

GS2 is very conservative something I can assure you of. Although he ask me not to elabourate I will, GS2 feels good about this one and thinks this could be David beating goliath.

Bye from GS' wife :)

[gunsmoke2]

Hi everyone,

The hearing is finished... now wait and see.

Roy really feels it went very well for him even more so today. The Judge was overly polite.. gave Roy alot of leaway and Roy thinks this Judge was even better than the first..

There was some concerned as his first Judge was very open to Roy's arguements.. this new Judge was apparently as equal or even more attentive to Roy's pleadings..

You can't perdict in law but the Judge seem to give a few clues.. he questioned Anderson on the Hansard report relative to the Norsat case and Anderson's reply was not very impressive. Apparently the Hansard report was not given in full at the Norsat case and the Judge seemed to be aware of that.. The Hansard report was somewhat of a key in the B.C decision.

There are two more motions to be heard and Roy requested to heard at a later time as he was not fully prepared and Anderson objected strongly that the motions should be heard right away. The judge ruled in favour of Roy and will be heard at a later date.

The motion is a counter sue by Roy for 10 million in damages and the another motion by Anderson that Roy's motion had no merit.

It would surprise me that the Judge delayed Roy's motion for counter sue and then would grant the motion against Roy for injunction that would prevent Roy from making a living and put him out of buisness.

What would be the purpose to put Roy out of buisness now and then hear a motion by Roy on a counter sue against Wic for ten million
later on. To me thats another clue.

The decision should come by the end of the week as the Judge who had tommorrow scheduled is now off and perhaps will take the time available to make his desision.

This is a Federal court ruling and therefore the decision will be in a higher court than B.C.

A win with a good judgement could go a long way to drive the nail deeper in the coffin for Pukes and Wic...

Lets keep our fingers and toes crossed on this one!


GS2 ( My wife has retired for now :) )


[This message has been edited by gunsmoke2 (edited February 29, 2000).]

Eddie,

I have been involved in this "hobby" for a few years now and just wanted to make a statement. (since I am in no way selling, programming, or cleaning cards etc.)

I remember when I was first looking for a test card. I had decided that I would by a card from either you or TTRK. (Both being the main dealers at the time)

Unfortunantly I never did business with you, TTRK or any dealer. This was mainly because of the many negative comments that were going around about both NorthSat delivery time and Vcipher's high prices (Although the s/w has stood the test of time now). I decided that the chance to learn how the CAM works was of more interest to me than the TV itself.

I guess what I am trying to say is that after being able to watch both of you over the last few years I am just simply amazed at what I have seen!!

TTRK, seeing how when times were really hard for you (as if they are not now) you delivered on all of your original promises even when you had closed your doors. Your dedication to your customers has dispelled any doubt I had about your character. I am extremely pleased to see you not only fighting for yourself but also fighting for dealers, and individual Canadians rights. KEEP UP THE GREAT WORK!!

Eddie, I also have to state the very same thoughts about you. I know that people have complained many times on forums but I have yet to see you do anything less than what you promised. (Sometimes I know of you going well beyond the call of duty) Your ability to create fixes, and quality products definately makes NorthSat one of the best. I had been watching for awhile while both TTRK and GS2 both begged and pleaded for funds to help the industry and thought "Damn what is up with Eddie. With all of the wealth that he must have been able to generate why won't he cough up the $5K?" But yet again you have stepped up to the plate and gone above and beyond the call of duty. All I can say is thank you for your efforts!!! I hope that I never get into a situation where I need to use your "Repair Services" however if I do I will DEFINATELY be contacting you.

Sorry this was so long but I just want to give my thanks and appreciation for everything that you both have done. There are many other great people that are fighting for Canadian's rights and I want to thank all!!

[North Sat]

Well, I think the judges attention to hansard may be partially as a result of the document I prepared for him, in which I laid out some very persuasive excerpts from Hansard (including speaker, date and line # etc so if willie wants to check, its there) which basically shows that Parliament contemplated passing legislation that would have the meaning wild willie et al needs, but Parliament rejected any such restrictions and recognized that they have no authority over broadcasting originating outside of Canada, and that the ultimate wording of the Act reflect that.

You might want to look at the document, it was a rush job, and hopefully I will have an opporunity to further expand on some of the points which I left out, however I think that I touched on the major points that needed to be, and since this is only a hearing on the injunction, and not yet the complete trial on the facts, you need not necessarily completely convince the judge that your interpretation is correct, but that there is at least enough merit that putting you out of business in advance of hearing such evidence would be unfair, at best. The position that I thought Roy would be best to take is, rather than waste a bunch of time mish mashing over this injunction, do as judge mills lane would say 'let's get it on!'. Proceed in an expedited manner to trial so that a full and complete hearing can be held where all the facts can be properly adduced, including Hansard excerpts and Charter evidence, so that the Defendant is not economically bludgeoned in advance of those issues being properly determined, particularly when causing such harm to the Defendant would practically nullify him of the means to properly defend himself at any later trial.

I am glad to be of assistance, and will look forward to any further assistance Roy may need.

I also thought it might be a good idea to add into his counterclaim punitive damages to send a message to WIC and anyone else who would choose to abuse their CRTC licenses and the radiocommunications act for the purpose of harassing and intimidating satellite dealers across Canada, and I think there is a very good factual basis to go after that, when you consider that wild willie was in court before ExpressVu even had a signal in the air. Throw in Industry Canada and the RCMP as co-conspirators, and away we go! In fact, under that scenario, willie himself could potentially become a defendant.... :)

There is one other little thing I would like to point out in all of this, which is that the CRTC is actually NOT TO BLAME! They only regulate Canadian BROADCASTING, not Canadian RECEPTION (unless it is RETRANSMITTED, ie a cable company). Their position is that they have NO JURISDICTION over individual satellite dish owners. It is only through the perverted interpretation of the Act that those restrictions on BROADCASTING then become an onus placed on persons merely wishing to be RECIPIENTS. It is also worth noting that PRIOR to the the amendments to the Act, it was NEVER used to regulate what Canadians were watching on television. It seems unlikely to me that Parliament would want to 'sneak' such a profound and far-affecting limitation on Canadian fundamental freedoms in a statute that does not even have any stated goal, and do it through such ambiguous wording.

This is just one example of the type of argument which leads to the inescapable conclusion that McKenzie is dead wrong (and he knows it too, that is why he is SO deathly afraid of the Charter argument).

[sherman]

I couldn't have said better, Super77. I too wish to express to ttrk and gs2 my thanks for their diligent work.

I hope Roy wins and countersues the ass off Wic, then maybe them corporate ------- will get the message.

How long does this sort of thing have to go on? I presume it wont stop till a case hits the Supreme court of Canada.

[To The Real King!!]

Hi All,

Many thanks to everyone for the thanks.

I would just like to say that , not only do I agree with Eddie that the CRTC is NOT to blame, but I have said that several times in the past.

The CRTC makes regulations and approves programs for broadcasting IN CANADA and they DO NOT regulate, in any way, what is broadcast from outside Canada.

Nor is it the fault of the Conservative government who eventually passed this RC Act in 1991, which clearly and RIGHTFULLY protects the rights and interests of LAWFUL broadcasters in Canada from THEFT of their signal. That is both the intention and the meaning of both the RC Act and 327 of the cc.

As Eddie says, Shiela Finestone (the opposition critic at that time) on September 19, 1988, and September 27, 1988 proposed motion number 45, an amendement that would have had the effect of what Industry Canada and the RCMP are now misinterpreting and saying even BEFORE the RCA Act was passed into law and before it was REJECTED by our parliamentary process.

So it is VERY CLEAR that the ones who are creating all the problems TODAY with their WRONGFULL interpretation of the RCA Act and 327 of the CC is INDUSTRY CANADA, the RCMP and the current LIBERAL GOVERNMENT. These are the people to blame, not the CRTC.

Well here is hoping that we will get a good ruling on the STARLINK case and that ROY gets the success he deserves. He has been batteling long and hard on principle. Way way beyond any commercial interest.

Also again, many thanks to Eddie for assisting him and putting together a compelling "factum" in his all nighter with Roy.

This stuff is MUCH more work than is generally realized and a good "FAACTUM" for this can run 30 pages or more. There is SO MUCH to say because we are so right that its hard to stop putting the evidence on paper.

But remember everyone, they have been warned. Mr. Iam Angus advised Industry Canada and the RCMP some time ago that they were going to become the subject of large "Class Action" lawsuits when we get there.

They, in many cases such as mine, are accomplishing their objective even if they LOSE because their masters behind the scenes, just want to put us out of business. CRUCIFY us BEFORE a trial of the issues, is their objective, NOT JUSTICE.

I have often said that I do NOT make the laws in Canada, I follow them. They do NOT care about that, they just want to KILL US.

If they eventually do have TO PAY (it will be many years from now) it will be with TAXPAYERS dollars, not the ones they skulked away in their foreign trusts that came from their masters. Another PUBLIC SCREWING like what John Manley tried to put over with his hockey fiasco.

Thanks,

To the REAL King!!
------------------
Freedom has nothing to fear from the truth!
http://www.legal-rights.org/pulsar.gif VOTE REFORM!! http://www.legal-rights.org/pulsar.gif
http://www.legal-rights.org/lrbanner.gif
http://www.legal-rights.org
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