INJUNCTIONS |
WIC Premium Television Ltd. v. Levin
T-686-99
O'Keefe J.
11/8/00
13 pp.
Motion for interlocutory injunction prohibiting defendants from dealing in equipment used to decode encrypted subscription programming signals not transmitted or broadcast by lawful distributor--Plaintiff broadcaster offering subscriptions for premium movie channels throughout Western Canada--Defendant, principal of Starlink, small Winnipeg business selling satellite dishes and decoding devices--Devices decode signals of USSB and Echostar, which includes signals, originating in US, of HBO and Showtime, also premium movie programming--Application of test for interlocutory injunction: serious issue, irreparable harm, balance of convenience--Motion dismissed--Although serious issue to be tried with respect to activities of defendants being unlawful, plaintiff not likely to suffer irreparable harm if injunction refused--Damages suffered as result of purported violation of Radiocommunication Act, s. 9(1)(c) quantifiable in monetary terms--Loss of market share or customers also quantifiable in monetary terms--On other hand, impact on defendants great and unjustified as would effectively be out of business--Balance of convenience favouring defendants--Starlink's business small scale--WIC would not suffer serious inconvenience if injunction not granted--Starlink would be greatly inconvenienced if injunction granted--Interlocutory injunction extraordinary remedy which should be granted only where compelling reasons for doing so, pursuant to tripartite test--Radiocommunication Act, R.S.C., 1985, c. R-2 (as am. by S.C. 1989, c. 17, s. 2), s. 9(1)(c).