On February 20, 2018, the Federal Court of Appeal issued its judgment in Bell Canada v. Lackman (2018 FCA 42), declaring that an interim injunction authorising the shutdown and seizure of piracy websites and an Anton Piller order were legal and had been properly executed. The Court also granted an interlocutory injunction to remain valid until trial against the owner and operator of these websites, which hosted and distributed a number of add-ons for the popular Kodi media player. The Court noted that these add-ons were “clearly designed to facilitate access to infringing material” and could not benefit from the “merely a conduit” exception to infringement.

The Appellants, part of the Bell, Rogers and Québecor media groups, were successfully represented by François Guay and Guillaume Lavoie Ste-Marie of Smart & Biggar’s Montreal office and Mark Biernacki of Smart & Biggar’s Toronto office.