Macciacchera v. Bell Media Inc., 2024 FCA 138
Justice Goyette; Justice Boivin; Justice Roussel - 2024-09-03
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The case involved an appeal against a Federal Court decision upholding the lawfulness of an Anton Piller Order execution against the appellants and the costs order issued in the review proceeding. The appellants argued the execution was unlawful due to duration, improper questioning, and failure to follow health and safety precautions. The appellants claimed this violated their Charter rights, but the Court rejected this argument, stating that the Charter does not apply between private parties. The Court found no error in the costs decision, noting the Federal Court's discretionary power over costs. Ultimately, the appeals were dismissed, and costs were awarded against the appellants.
Decision relates to:
- A-2-23 - MARSHALL MACCIACCHERA DBA SMOOTHSTREAMS.TV ET AL v. BELL MEDIA INC ET AL which is an appeal from 2022 FC 1602 in T-1257-22
- A-262-22 - MARSHALL MACCIACCHERA and others v. BELL MEDIA INC. and others which is an appeal from 2022 FC 1602 in T-1257-22