In a decision that should not surprise anyone, the distributors of set top boxes that were specifically adapted to enable purchasers to stream and download infringing copies of programs made available by Bell, Bell Expressvu, Rogers, and Videotron lost their appeal of an injunction granted this summer by Justice Tremblay-Lamer in Bell Canada v ITVBOX.NET 2016 FC 612. (summarized here).
The appellants didn’t appeal the findings of the court that there was a strong case of infringement. Rather, they challenged the court’s findings that broadcast distribution undertakings would suffer irreparable harm if the injunction was not granted. The court in Wesley dba MTLFREETV.com v Bell Canada et al 2017 FCA 55 easily rejected this attempt to re-argue the evidence stating: