SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
COURT FILE NO.: 524/08
DATE: 20081119
B E T W E E N:
BELL EXPRESSVU LIMITED PARTNERSHIP, ECHOSTAR SATELLITE LLC, ECHOSTAR TECHNOLOGIES CORPORATION and NAGRASTAR LLC
Plaintiffs
- and -
DAVID MORGAN a.k.a DAVID EDWARD MORGAN, DAVID MORGAN c.o.b. as www.modchipit.com, DAVID MORGAN c.o.b. as MODCHIPIT, MODCHIPIT, JOSEPHINE MORGAN, SHARON ALBERTA MORGAN, JOHN DOE, and other persons unknown who have conspired with the named Defendants
Defendants
COUNSEL:
Christopher D. Bredt, for the Plaintiffs
Ian W. M. Angus, for the Defendants
HEARD at Toronto: November 19, 2008
ORAL REASONS FOR JUDGMENT
BELLAMY J.: (Orally)
[1] The test for granting leave to appeal to the Divisional Court from this interlocutory order of Justice Wilton-Siegel is an onerous one. As far as I am concerned, the defendants have failed to meet the test in rule 62.04(b) and, for the following reasons, leave to appeal is denied.
[2] First, I see no good reason to doubt the correctness of the motion judge’s decision. This was a well-reasoned decision, in which Wilton-Siegel J. applied the proper legal principles with respect to the review of all the facts and issues before him. He then applied the correct test established in the Supreme Court of Canada’s decision in Celanese Canada Inc. v. Murray Demolition, [2006] 1 S.C.R. 189.
[3] Second, this appeal does not raise matters that are of general importance. This decision is essentially a factual one. The issues raised in it are presumably of importance to the parties, although I must confess to being surprised that the defendants waited a year after the Anton Piller Order was executed to even bring their motion. In any event, the issues raised lack general legal importance, they do not transcend the immediate interests of the specific facts of this case, they do not raise issues of general public interest, and, in the final analysis, they have very little jurisprudential value.
COSTS
[4] I have endorsed the Motion Record: “For oral reasons given, leave to appeal is denied. Costs payable by the defendants forthwith in the amount of $7,000.00, inclusive of GST and disbursements”.
BELLAMY J.
Date of Reasons for Judgment: November 19, 2008
Date of Release: November 24, 2008
COURT FILE NO.: 524/08
DATE: 20081119
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
BELL EXPRESSVU LIMITED PARTNERSHIP, ECHOSTAR SATELLITE LLC, ECHOSTAR TECHNOLOGIES CORPORATION and NAGRASTAR LLC
Plaintiffs
- and -
DAVID MORGAN a.k.a DAVID EDWARD MORGAN, DAVID MORGAN c.o.b. as www.modchipit.com, DAVID MORGAN c.o.b. as MODCHIPIT, MODCHIPIT, JOSEPHINE MORGAN, SHARON ALBERTA MORGAN, JOHN DOE, and other persons unknown who have conspired with the named Defendants
Defendants
ORAL REASONS FOR JUDGMENT
BELLAMY J.
Date of Reasons for Judgment: November 19, 2008
Date of Release: November 24, 2008