Bell Canada v. Red Rhino Entertainment Inc., 2021 FC 895

Justice Norris - 2021-09-01

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In a decision dated [see 2019 FC 1460], I found Eric Adwokat and his company, Red Rhino Entertainment Inc., in contempt of an interlocutory injunction issued by Justice Tremblay-Lamer [see 2016 FC 612]. More specifically, I was satisfied beyond a reasonable doubt that, by configuring, advertising, offering for sale and selling set-top boxes which facilitated unauthorized access to the plaintiffs’ television programming, Mr. Adwokat and Red Rhino were in contempt of an order enjoining such conduct. ... The plaintiffs seek to have Mr. Adwokat jailed for not less than 90 days for his contempt. As well, they seek a fine of $200,000 against Red Rhino for which Mr. Adwokat should be jointly liable. ... For the reasons that follow, I have concluded that a fit sentence is a fine of $40,000. Mr. Adwokat and Red Rhino shall be jointly liable for payment of this fine. The fine shall be paid within 24 months of the date of this order in accordance with the schedule set out below. If the fine is not paid in full within 24 months, the plaintiffs may move for an order committing Mr. Adwokat to jail for a period not exceeding 90 days.

Decision relates to:


Canadian Intellectual Property