Court of Appeal for Ontario
Date: 2019-04-05 Docket: C65831
Judges: Doherty, Pepall and Trotter JJ.A.
Between
Plaintiffs (Respondents):
- Dish Network L.L.C.
- Al Jazeera Media Network
- Asia TV USA Ltd.
- B4U U.S. Inc.
- Geo USA LLC
- MBC FZ LLC
- MSM Asia Ltd.
- Soundview Broadcasting LLC
- Soundview ATN LLC
- Star India Private Ltd.
- Viacom18 Media Private Limited
and
Defendants (Appellants):
- Shava IPTV Network LLC
- Imran Butt and Naeem Butt, Individually and Together Doing Business as Shava TV
- CRES IPTV
- IRAA Enterprises
- Maple Electronics
Counsel
For the appellants: Charles Wagman
For the respondents: Ira Nishisato and A. Thomassen
Heard: April 2, 2019
On appeal from: The judgment of Justice Pattillo of the Superior Court of Justice, dated August 1, 2018.
Appeal Book Endorsement
[1] The appellants have been served per the terms of the order with the order of Tulloch J.A., dated March 29, 2019.
[2] Neither attended today. The appeal is scheduled to proceed.
[3] The appellant, Imran Butt, has declared bankruptcy, but Penny J. has lifted the stay as it relates to this appeal.
[4] The respondents want this appeal disposed of as soon as possible. As matters presently stand, it seems unlikely that the appeal will be pursued (the other appellant has left the jurisdiction). We direct the following.
[5] The appeal is to be listed for Thursday, May 16, 2019. On that date, the respondents may, if so advised, move to dismiss the appeal for non-compliance with the order of Tulloch J.A.
[6] If either or both of the appellants comply with the order of Tulloch J.A. and do not want to proceed with the appeal on May 16, 2019, they must arrange for a conference call with Pepall J.A. to discuss how the matter should proceed.
[7] The appellants must understand that any attempt to seek an adjournment on May 16 without having brought the matter forward by way of the conference call will, in all likelihood, fail.
[8] This endorsement should be "served" on the appellants as per the terms provided for in the order of Tulloch J.A.