Aga Khan Lawsuit
  • Judgment of Federal Court of Appeal on its Official Website

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    AlnazJiwaPicture.jpgnagib-tajdin-Vanouverite.jpg

    Defendant Alnaz Jiwa

     

    Defendant Nagib Tajdin

     

     

    16

     

    Parts of

     

    The Aga Khan Lawsuit

     

    Part 14 of 16

     

     

     

    EXTRACTS

    From Original Sources # 3 of 4

     

    DERAILING ORDERLY PROGRESSION of PROCEEDINGS

     

    "Both parties filed cross summary judgment motions in June 2010. As per the Direction of Justice Heneghan dated July 6,2010, cross-examinations have been scheduled, and agreed upon by the parties for well over a month. Our affiants have already made overseas travel arrangements based on the cross-examination schedule agreed to by the parties."

     

    "A successful summary judgment motion by either party would effectively end this proceeding so that the case would no longer have to proceed to discovery. Not only does the Defendants' present request to proceed with discovery contradict their request for summary judgment, it is clear from the Defendants' Stay Motion that they are not even seeking discovery, but rather are using this procedure to improperly compel a five-minute audience with His Highness Prince Karim Aga Khan." (emphasis added)

     

    "The Plaintiff is highly concerned that the Defendants' Stay Motion will further delay cross examinations and the hearing of the Summary Judgment Motions. The Plaintiff further notes that Mr. Tajdln has more than once expressed his limited availability to attend cross examinations and a hearing for the summary judgment motions. Despite these representations to Counsel for the Plaintiff, the Defendants appear to have availability to schedule the hearing of this motion and now apparently, to schedule a discovery of the Plaintiff [His Highness The Aga Khan]."

     

     

    Justice Heneghan Confirms Derailing

    "The current request by the Defendants [officer of the court Alnaz Jiwa and Nagib Tajdin] to seek a stay of the cross examinations which are scheduled, by agreement, to take place between August 9th and August 26th appears to be an attempt to derail the orderly progression in the perfection of the motion records in support of the two motions for summary Judgment."

     

     

    Battling Lunacy

     

    Gray: "...if the Aga Khan tells you in writing not to do it [print, publish and circulate Farmans]; you won't accept it, even if a million people confirm that that is the Aga Khan's writing?"

     

    Nagib Tajdin: "Even if ten million people..."

     

    Gray: "He [Gleason] says he [His Highness] was there in his affidavit"

     

    Nagib Tajdin: "He [Gleason] says he [His Highness] was there [in Boston], but today, you know, with the identity theft, so many things can happen."

     

    Gray: "Right, but you are not choosing to cross-examine him [Gleason] to find out whether he [His Highness was in Boston]..."

     

    Nagib Tajdin: "There is no need. ...Why would I ever bother wasting my time?"

     

    Gray: "So you don't want to examine Mr. Gleason to see if there was somebody who looked like the Aga Khan appeared? You don't want to ask him..."

     

    Nagib Tajdin: "There is no need for that. I was not there."

     

     

    --------

     

    Nagib Tajdin: "[...] Why do you need to see the original of the forged letter? You ask the Aga Khan. He is your client."

     

     

    Gray: "I have asked the Aga Khan."

     

    "He has told you in writing, the letter is not forged"; "And you [Nagib Tajdin] don't accept that. You might expect that he might be a little annoyed that you have accused all of the various..."

     

     

    Nagib Tajdin: "Mr. Brian, by saying that this letter is forged, I am protecting the Aga Khan. Come on, he cannot be angry at me. He should be happy at me that at least, I am trying to protect his interests. In this whole file, I AM THE ONLY ONE TRYING TO PROTECT HIS INTERESTS. Come on." (emphasis added)

     

     

    His Highness' Court Discovery

    October 15, 2010

     

    After three failed attempts, the officer of the court Alnaz Jiwa and Nagib Tajdin were successful in cross-examining His Highness. Armed with contempt of court powers, Nagib Tajdin and Alnaz Jiwa forced His Highness into a court discovery examination.

     

     

    Nagib Tajdin promised to the Court & His Highness' solicitors that he would ask five questions while discovering His Highness. The court was assured that Nagib Tajdin would pose the following five questions to His Highness:

    1. Has His Highness consented to the publication of the books in question in this lawsuit?

    2. If His Highness has not, is Mr. Tajdin still allowed to publish the 1992 books?

    3. If His Highness doesnt want him to print and publish books, from what date?

    4. Can he publish previous Imams Farmans; whether in copyright or not?

    5. Are the letters [of His Highness] forged?

     

     

    As per the official court document, His Highness' discovery commenced at 10:35 a.m. on October 15th 2010 and the legal proceedings were adjourned at 10:58 a.m., a total duration of 23 Minutes.

     

    AFFIRMATION: HIS HIGHNESS PRINCE KARIM AGA KHAN

     

    EXAMINATION-IN-CHIEF by MR. [NAGIB] TAJDIN]: Q. I beg forgiveness. We [Alnaz Jiwa and I, Nagib Tajdin] didn't want to do it this way. May I present you this? [...]

     

     

    GRAY: Why dont you ask the five questions you said you were going to ask. His Highness has come prepared to answer the five questions. I believe the answers to those five questions will, well those are the questions you wanted answered. And I believe there are full and complete answers to those questions. So why dont you ask those five questions

     

     

    GRAY: So, Mr. Nagib [Tajdin], youve indicated you do not want to ask questions, but I think you have indicated to me off the record that you will consent to the Judgment asked for and the relief sought in the Statement of Claim in Federal Court action number T-514-10, is that correct?

     

     

    [NAGIB] TAJDIN: Thats correct. Mr. [ALNAZ] Jiwa, you confirm that too?

     

     

    [ALNAZ] JIWA: Yes.

     

     

    GRAY: So both of you have agreed to consent to Judgment to the relief requested in the Statement of Claim. I understand you have no questions and are satisfied with the, that the Discovery is over. You do not need to ask any more questions. This satisfies the Courts Order for the Discovery, and you do not have any further information that you are seeking from His Highness.

     

     

    GRAY: Mr. Nagib, I think His Highness off the record has indicated that he would like you to make a statement about the fraud and the allegations of fraud. So if you would please do so.

     

    [NAGIB] TAJDIN: Yes, I do not maintain any allegation of fraud on anyone in the staff of His Highness.

     

     

    GRAY: And against, and you withdraw all of your allegations?

     

     

    [NAGIB] TAJDIN: I withdraw all my allegations. Sorry.

     

     

    GRAY: So given this, I will draw up the consent to Judgment and an Order and the two of you will agree to that in accordance with the relief claimed in the Statement of Claim, is that correct Mr. Tajdin?

     

     

    [NAGIB] TAJDIN: I agree to.

     

     

    GRAY: Mr. Jiwa?

     

     

    [ALNAZ] JIWA: Yes. [...]

     

     

    NT and AJ refused to sign the agreement as per the Statement of Claim. NT and AJ continued to argue that they had NOT infringed His Highness' copyright in Farmans and Talikas. Moreover, NT and AJ re-asserted their allegations of fraud and forgeries. They suggested that the court reporter who transcribed the court discovery was allegedly part of an alleged secret diabolical conspiracy orchestrated by Norton Rose, their solicitors and Institutional leaders. WORST: NT and AJ suggested that His Highness had taken a false oath as Plaintiff simply to deceive the court!

     

    Sixteen months later, NT will argued that His Highness "did not want to create a fuss at the Court because saying he was not the Plaintiff would have" - the Court would have found His Highness' solicitors including Gray, His Highness' aides and Institutional leaders as criminals. (Feb. 3rd, 2012 on ismaili.net). Four days later, the officer of the court Alnaz Jiwa argued that if His Highness was "the plaintiff, real plaintiff" than this makes" His Highness "an incompetent, grossly incompetent person, not worth of worshipping". - Nagib Tajdin's Ismaili.net, Feb. 7th, 2012.

     

     

    His Highness' Solicitor  Takes a Stand

    "I hardly know what to say to the misrepresentations sent to the court by the Defendants about this matter. The court reporter is a respected court reporter well known to the court and I have no control over what she reports and to suggest otherwise is a serious slander on her." (emphasis added)

     

    "Further the Defendants [AJ & NT] continue to make serious allegations about me personally and to suggest that I do not take direction from and follow the instructions of the Plaintiff [His Highness]. As an officer of the court, I resent these insinuations. If the court cannot rely on its officers to represent their clients faithfully then the whole process will fall apart. The court should accept the affidavit of the Plaintiff and my repeated representations that the Plaintiff [His Highness] has given me instructions and that I follow his directions." (emphasis added)

     

    "The Defendants [NT & AJ] will believe nothing except their warped understanding of events." (emphasis added)

     

    "The Defendants [NT & AJ] hear what they want to hear."  (emphasis added)

     

    "The Plaintiff [His Highness] did attend for discovery as ordered, but Mr. [Nagib] Tajdin did not ask any questions, including the five that Mr. [Nagib] Tajdin had advised the court that he would ask, notwithstanding that the Plaintiff had prepared answers to all of them. Both he and Mr. [Alnaz] Jiwa confirmed on the record that they did not have any questions and did not want any further information from the Plaintiff [His Highness]."

     

     

    "I hope the court can see that whatever else can be said that these Defendants [NT & AJ] will not accept that they have settled as set out on the record. Rather than squabble constantly with them the Plaintiff [His Highness] has instructed me to obtain what he has been seeking all along, that is summary judgment of copyright infringement according to law. By all of their false allegations and feigned desire to do the Plaintiff's [His Highness'] bidding, the Defendants [NT & AJ] have successfully managed to continue to infringe the Plaintiff's [His Highness'] copyright for over 8 months, without the Plaintiff being able to have this matter heard on the merits." (emphasis added) - October 27, 2010

     

    "Essentially this is a case of flagrant infringement of a registered Canadian Copyright, acknowledged to be valid and admitted to be owned by the named plaintiff. The lack of any real defence has been purposively obscured by spurious allegations of fraud and forgery, and a persistent assertion that the proceedings are being pursued by counsel, without the authority or knowledge of the plaintiff, even after the attendance of the Plaintiff for examination for discovery on October 15, 2010 as reflected in the court record." - Nov. 22, 2010 

     

     

    "The Defendants' [Alnaz Jiwa's & Nagib Tajdin's] expert evidence [from Ospreay] suggesting that the Affirmation was not signed by the Plaintiff [His Highness] should not be admitted, or alternatively, given no weight, in the face of the Defendants refusal to provide the Plaintiff and its expert with the original set of documents examined by their expert in coming to this conclusion, and also by reason of the Defendants refusal to cross-examine Mr. Gleason and Ms. Coleman."  - Nov. 22, 2010

     

    Judgment

     

     

    "The defendants, Nagib Tajdin and Alnaz Jiwa, have infringed copyright in the plaintiffs Farmans and Talikas [...] Nagib Tajdin and Alnaz Jiwa, by whatever names known, their agents, employees, servants, associates, representatives and all other persons, personal or corporate, acting on their behalf or under their control, are permanently prohibited, restrained and enjoined from producing, reproducing, copying, publishing, selling, giving away, promoting, translating, making and sound or video recording of, performing, communicating electronically, telecommunicating, making available or distributing any work that infringes the plaintiff s copyright in the Golden Edition and accompanying MP3." - May 4, 2011

     

     

    Court of Appeal Upholds Judgment

    "Mr. Tajdin and Mr. Jiwa allege that the Aga Khan's signature on certain documents is forged, and that improper use has been made of the Aga Khan's brother's e-mail. These allegations relate to what can only be described as an alleged conspiracy by persons in the Secretariat of the Aga Khan to stop Mr. Tajdin and Mr. Jiwa' activities out of spite and jealousy. The allegations need not be discussed or considered to determine whether a genuine issue for trial exists, for if the record does not disclose any fact capable of constituting consent, there is no need to determine if the alleged consent was later revoked."

     

    "The brief [one-minute] verbal exchange that took place between Mr. [KARIM] Alibhay and the Aga Khan, which is reproduced in its entirety at paragraph 39 of the judge's reasons, is not, in my opinion, capable of constituting consent within the meaning of section 27 of the Copyright Act."

     

    "Obviously, the Aga Khan encourages his followers to reflect on the guidance he provides to them. However, even taken together, the oath, the new constitution, and the above mentioned statements are not capable of constituting consent within the meaning of section 27 of the Copyright Act." - January 16, 2011

     

     

    Note: The three Judges of the Court of Appeal dismissed Nagib Tajdin's and Alnaz Jiwa's appeals with costs. Next, they attempted to be heard by the highest court of Canada. 

     

     

    His Highness' Response to Supreme Court

    "The Applicants [Alnaz Jiwa & Nagib Tajdin] assert that His Highness continues to consent to their publication and distribution of Farmans and Talikas, even in the face of the commencement and prosecution of this action, including His Highness' attendance at an examination for discovery on October 15, 2010."

     

    "[Alnaz Jiwa's & Nagib Tajdin's] application for leave should be dismissed with costs." - 30th April, 2012

     

     

     

    Supreme Court of Canada

     

    SCC Case Information

    34731

     

    Nagib Tajdin, et al. v. His Highness Prince Karim Aga Khan

     

    Summary

     

     

    "Intellectual property law — Copyright — Infringement — Literary works — Applicants publishing and disseminating collected works of the Aga Khan — Aga Khan commencing action for copyright infringement – Both parties applying for summary judgment - Whether the Aga Khan had consented to publication - Whether lower court applied the proper onus of proof and standard of review – Whether lower courts applied proper summary judgment rules."


    "In 2010, the Aga Khan brought an action against the Applicants [Alnaz Jiwa & Nagib Tajdin] for copyright infringement after they had collected, published and disseminated a book containing his copyrighted teachings. The Applicants brought a motion for summary judgment on the basis that there was no genuine issue for trial as the Aga Khan had either expressly or impliedly consented to the publication. The Aga Khan brought a cross motion for summary judgment, for a declaration that the Applicants’ book infringed his copyright in his literary works, and for a permanent injunction precluding them from publishing the book."

     

    "Decision on the application for leave to appeal [...] from the judgment of the Federal Court of Appeal, Numbers A-59-11 and A-60-11, 2012 FCA 12, dated January 16, 2012, is dismissed with costs."

     

    Continue to Part 15 of 16

     

    Extracts # 4 of 4

     

    Drawn From Original Sources

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Copyright © 2012 lawsuit2010.com. All rights reserved.

     

    SOURCES

     

    Click below to view His Highness' letter to the Court regarding Alnaz Jiwa's and Nagib Tajdin's attempt to derail the proceedings:

     

     

    Click below to view His Highness' Submissions to the Court

     

    Click below to view the full official Judgment & Reasons

     

    Click below to view the full official Judgment & Reasons from Court of Appeal

     

     

     

    Click below to view His Highness' Submissions to Supreme Court

     

     

    Click below to view Supreme Court's Decision

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