23 Aug 2023
Macciacchera (Smoothstreams.tv) v. Bell Media Inc.
Background:
- This case involves a copyright infringement appeal concerning the execution of an Anton Piller Order against the appellants, who operated allegedly infringing streaming services.
Legal Issues:
- The lawfulness of the execution of the Anton Piller Order.
- The costs order issued by the Federal Court related to the review of the Anton Piller Order's execution.
Intervention Request:
- The Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic sought to intervene, proposing to discuss standardizing Anton Piller Orders, establishing a roster of supervising solicitors for such orders, and creating a list of solicitors available to defendants during their execution.
Court’s Analysis and Decision:
- The court focused on whether the intervention would assist in resolving the appeal's core issues.
- It was determined that the Clinic’s proposed contributions would not assist the court in resolving the specific factual and legal issues presented by the appellants.
- The validity of the Anton Piller Order was not contested; the appeal concerned its execution and related cost orders.
Outcome:
- The motion for intervener status by the Samuelson-Glushko Clinic was dismissed without costs.
- The court emphasized that the intervention should aid in resolving the appeal's issues, suggesting that the Clinic’s broader concerns regarding Anton Piller Orders might be better addressed in other forums.
- No financial terms specified.