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Injunctions - Anton Pillar

. White (Beast IPTV) v. Warner Bros Entertainment Inc.

In White (Beast IPTV) v. Warner Bros Entertainment Inc. (Fed CA, 2022) the Federal Court of Appeal considered aspects of an Anton Pillar order:
[7] Contrary to what Mr. White says, the test for issuance of an ex parte interim Anton Piller order requires as the first of four essential conditions that the party seeking the order demonstrate that there is a "“strong prima facie case”" NOT an "“extremely strong prima facie case”". This is clear from the leading authority from the Supreme Court of Canada in Celanese Canada Inc. v. Murray Demolition Corp., 2006 SCC 36, [2006] 2 S.C.R 189 at para. 35.

[8] The applicability of the "“strong prima facie case”" test for issuance of an interim Anton Piller order was confirmed by the Supreme Court of Canada in British Columbia (Attorney General) v. Malik, 2011 SCC 18, [2011] 1 S.C.R. 657 at para. 29 and more recently by this Court, for example, in Bell Canada v. Lackman, 2018 FCA 42, [2018] 4 F.C.R. 199 at para. 10.


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