John Stagliano Inc. v. Elmaleh, 2006 FC 585 (CanLII)

  • May 12, 2006

Date: 2006-05-12 Docket: T-1779-05. J. Gauthier J. | Link

"The plaintiffs now ask the Court to review the matter and to confirm that the Anton Piller Order was properly granted and that it was executed in accordance with its terms against the defendants Alain Elmaleh (Elmaleh), 144942 Canada Inc. (cob Kaytel Video Distribution) (Kaytel) and Leisure Time Canada Inc. (Leisure Time). They also seek permission to use the evidence produced by or obtained from those defendants in these proceedings as evidence in two pending actions in the United States District Court for the Central District of California, provided such use is permitted by the law of that forum." Plaintiffs sought relief from the implied undertaking rule. The court dismissed the motion with costs, and ordered that the material seized under the Anton Piller order be returned, with the exception of evidence filed with the court that would be sealed, subject to a Confidentiality Order.