DATE: 20060426

DOCKET: C43813

COURT OF APPEAL FOR ONTARIO

RE:

DIRECTV, INC. (Plaintiff (Respondent))

• and -

WILLIAM BOUDREAU (a.k.a. Billy Boudreau), WILLIAM BOUDREAU c.o.b. as www.emulator1.com, WILLIAM BOUDREAU c.o.b. as WGT WEBHOSTING, TECHLORDS ONLINE INC., 1556186 ONTARIO INC., JOHN DOE, JANE DOE and other persons unknown who have conspired with the named defendants (Defendants (Appellant))

AND BETWEEN:

ECHOSTAR SATELLITE CORPORATION, ECHOSTAR TECHNOLOGY CORPORATION and NAGRAST LLC

(Plaintiffs (Respondents))

• and -

WILLIAM BOUDREAU (a.k.a. Billy Boudreau), WILLIAM BOUDREAU c.o.b. as www.emulator1.com, WILLIAM BOUDREAU c.o.b. as WGT WEBHOSTING, TECHLORDS ONLINE INC., 1556186 ONTARIO INC., JOHN DOE, JANE DOE and other persons unknown who have conspired with the named defendants (Defendants (Appellant))

BEFORE:

GOUDGE, SHARPE AND GILLESE JJ.A.

COUNSEL:

Charles Wagman and Stefano Tripodi

for the appellant

P. James Zibarras and Ira Nishisato

for the respondent

HEARD & ENDORSED:

April 20, 2006

On appeal from the sentence imposed by Justice James Spence of the Superior Court of Justice dated June 22, 2005.

A P P E A L B O O K E N D O R S E M E N T

[1] We can only read the reasons for sentence as imposing a 3 month sentence for contempt and a further 6 month sentence for the permanent loss of evidence caused by the appellant. In our view there is no basis in law for the second sentence. However in light of the findings of the trial judge that the contempt was egregious and intentional (which are sustainable on this record) there is no basis to find that the 3 month sentence for contempt is unfit. We would therefore allow the appeal and strike the 6 month sentence imposed below. The result is that the 3 month sentence for contempt is sustained. In view of the result there shall be no costs in this court or for the sentencing hearing below.