The Motion at hand for a second Anton Piller Order
[9] The Plaintiffs seek an Order compelling Ravin to permit them to forensically copy the drives and files of certain computers in his possession or within his control (the “Computers”) which they believe contain relevant evidence that Ravin is likely to conceal, delete or destroy if
the Order is not granted.
[11] The Plaintiffs have brought a contempt motion in which they allege, inter alia, that Ravin
continues to engage in breaches of the Radio communication Act R.S.C. 1985, c.R-2, as am. by
making posts on the web site *********.com (“Dummy Ch** Web Site”) under the
username “Superstar”. Superstar’s posts provide updates regarding the encrypted programming
of the Plaintiffs, provide support for decrypting the Plaintiffs’ programming, and post so-called
piracy files.
[12] The Plaintiffs attempted to execute the first Anton Piller Order March 30, 2009. They
encountered difficulty at the residence of Ravin, being 2901 Jane Street, Unit 91, Toronto and at
the Digital Store at Futurity Gate, Unit 7, Vaughan, Ontario. The evidence indicates that as of
March 26, 2009, the Digital Store Web Site was owned, operated and/or promoted by Ravin.
[13] Ravin reportedly was at home March 30, 2009 but would not come to the door despite
persistent knocking and he could not be served other than by email at 11:26 a.m. On March 31,
2009 about 7:30 a.m. the Order was personally served on Ravin and explained to him by the
Independent Supervising Solicitor. Ravin was asked to provide his Acer Laptop computer but he
did not deliver it until April 1, 2009.
[14] Thousands of files were deleted from this computer between March 30 and April 1,
2009.The Acer Laptop was imaged about April 2, 2009 pursuant to the first Anton Piller Order
and found to contain five fragments of deleted files indicating access to the Dummy Chat Web
Site by Superstar on at least five occasions. The fragments indicated that a user named
“Superstar” accessed private messages on the Dummy Ch** Web Site and that approximately
600 private messages were available.
[16] The Dummy Ch** Web Site is a piracy forum web site, containing threads related to
nFusion-brand FTA receivers and numerous posts made by a user named “Digital” and a user
named “Superstar”. Evidence suggests that after Ravin became aware of the court action and
that Digital’s posts could be used against the defendants he deleted Digital’s user account and
many posts. Only an administrator or moderator of a website is able to delete threads or posts
from a forum web site. Superstar is an administrator and moderator on the Dummy Chat Web
Site and thus had the ability to delete Digital’s user profile and threads.
[17] Between April 1, 2009 (after Ravin was served with the first Anton Piller Order) and
December 7, 2009, Superstar has made more than 1800 posts, including messages providing
updates about nFusion FTA Receivers and the Plaintiffs’ encrypted programming, technical
support for using nFusion FTA Receivers to decode and view the encrypted programming of the
Plaintiffs, piracy files and references to nFusion FTA Receivers and security concern.
[18] There is also evidence that other computers have been used to access user profiles for
Superstar and the users Commickaze and Dummych** on the Dummy Ch** Web Site, as set out in
paras. 9 to 15 of the Dan Caban affidavit sworn December 9, 2009. These users all have
administrative or moderator access to the Dummy Ch** Web Site. Additionally, Ravin has been
seen with an HP Laptop computer during November, 2009. The data on all of the Computers that
are the subject of the Motion may contain evidence relevant to the action and pending motions
for contempt and to vary the first Anton Piller Order.
[26] The evidence establishes a prima facie case that the Acer Laptop and the IBM Server
have been used to login to Superstar’s user profile on the Dummy Ch** Web Site. The evidence
indicates the IBM Desktop has been used to login to the user profiles of Commickaze and
Dummych** on the Dummy Ch** Web Site. Superstar, Commickaze and Dummych** all have
administrator or moderator level access to the Dummy Ch** Web Site. The data on the sought.
computers may contain information relating to satellite piracy.
