Tyler White appealed the Federal Court's order issued by Justice Roy in Warner Bros. Entertainment Inc. v. White (Beast IPTV), 2021 FC 53. The order extended ex parte interim orders into interlocutory orders and show cause orders were issued to the appellants for alleged non-compliance with the interim orders. Colin Wright discontinued his appeal. Tyler White pleaded guilty to the contempt charges, making the appeal regarding the show cause order moot. Tyler White argued that the remaining portions of the order should be set aside due to errors in the test selection, failure to disclose relevant case law, and reliance on hearsay evidence. The Federal Court determined that the test for the interim orders was the same as an Anton Piller order, requiring a "strong prima facie case," not an "extremely strong prima facie case." The court found no errors in the test selection or in assessing the prima facie case. The argument regarding the failure to disclose the case law was dismissed, and the hearsay evidence was deemed admissible under Rule 81 of the Federal Courts Rules. The motion judge's use of the evidence was irrelevant to Tyler White's case. The appeal was dismissed, and Tyler White was ordered to pay the costs.

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