COPYRIGHT
Practice
Review of execution of Anton Piller order—On review as to propriety of order, execution, Court requiring affidavit evidence from solicitor to satisfy it that this extraordinary remedy properly executed—In U.K. affidavit must be from solicitor other than plaintiff’s solicitor, but no such requirement in Canada—Failure to file solicitor’s affidavit fatal flaw—Order also deficient for substantial reasons— Application of criteria set out in Netbored Inc. v. Avery Holdings Inc., 2005 FC 1405, to determine whether Anton Piller order should continue in force—Plaintiff not establishing strong prima facie title regarding copyright.
Ayngaran International Video & Audio Inc. v. Universal DVD Inc. (T‑764‑06, 2006 FC 948, von Finckenstein J., order dated 2/8/06 11 pp.)