Aga Khan Lawsuit

Last Updated May 8, 2013

  • 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 16 of 16

                               

     

    LINKS to ORIGINAL SOURCES

     

     

    1. Statement of Claim of His Highness Prince Karim Aga Khan- April 6, 2010

    2. His Highness' Sworn Affirmation - May 12, 2010 

    3. His Highness' Reply to Defence of Nagib Tajdin - May 25, 2010

    4. His Highness' Reply to Defence of Alnaz Jiwa - May 25, 2010

    5. His Highness' Notice of Summary Judgment - June 28, 2010 

    6. His Highness' Memorandum of Fact and Law of His Highness - June 28, 2010

     

    AFFIDAVITS in Support of His Highness The Aga Khan

     

    7. Affidavit of Daniel J. Gleason - June 1, 2010

    8. Affidavit of Jennifer A. Colman - June 1, 2010

    9. Affidavit of Dr. Shafik Sachedina - June 1, 2010

    i. LIF's First Announcement to Worldwide Jamats

     

    ii. His Highness' First Letter to Nagib Tajdin

     

    iii. His Highness Second Letter to Nagib Tajdin

     

    iv. Prince Amyn Aga Khan's Letter to Nagib Tajdin

     

    v. LIF's Second Announcement

     

    10. Affidavit of Aziz M. Bhaloo - June 23, 2010

    11. His Highness' Stand against attempts to derail Proceedings, Aug. 3, 2010

    12. Written Directions from The Honourable Justice Heneghan, Aug. 4, 2010

    13. Brian Lindblom vs. Ospreay: Aug. 10, 2010. Brian Lindblom, a Forensic Document Examiner representing His Highness the Aga Khan butchers Alnaz Jiwa's and Nagib Tajdin's so-called infallible expert Ospreah who suggested that His Highness' signatures were forged! The Lindblom's affidavit is a must read.

    14. His Highness' Solicitor Cross-Examines Ospreay: Aug. 18, 2010. Brian Gray crushes Ospreay's credibility; Gray demolishes Alnaz Jiwa's and Nagib Tajdin's spurious allegations of fraud and forgery.

    15. His Highness' Appeal Motion Oct. 1, 2010. Appeal to a "Forced Settlement Order".  

    16. His Highness' Written Representations: Oct. 1, 2010. His Highness' Appeal to set aside the "Forced Discovery" of His Highness. His Highness lost this appeal and was forced to a court discovery.

    17. His Highness is Forced to Court Discovery: After repeated attempts, NT and AJ forced His Highness to a court discovery.

    18. His Highness' Discovery Transcript - Oct. 15, 2010

    19. His Highness' Solicitor Takes Umbrage Against NT's False Allegations - Oct. 27, 2010

    20. His Highness' Submission for Summary Judgment - Nov. 2, 2010

     

    FEDERAL COURT JUDGMENT

    21. Full Version of Justice Harrington's Reasons for Judgment, Jan. 7, 2011

    22. Interlocutory Injunction Jan. 7, 2011

    23.  French Version - Jan. 7, 2011

    24. Judgment of Justice Harrington - March 4, 2011

     

    JUDGMENT from COURT of APPEAL

    25. Federal Court of Appeal Dismisses Nagib Tajdin's Meritless Motion: Jan.16, 2012

    After a legal battle that raged for 21 MONTHS - three Judges from the Canadian Federal Court of Appeal dismissed NT's and AJ's frivolous, vexatious and groundless appeals. The Court of Appeal ordered NT and AJ to pay all costs.

     

    SUPREME COURT of CANADA

     

    26. His Highness asks Supreme Court to Dismiss AJ"s & NT's leave to Appeal

    27. Supreme Court Refused to listen to NT and AJ 
     

     

    REFERENCE PROCEEDINGS

     

    28 His Highness's Statement of Issues: March 29, 2011.  

    29. His Highness' Response to NT's and AJ's FrivAppeals: May 2, 2011

    30. Order of The Honourable Justice Mainville J. A: May 19, 2011

     

     

    31. Reasons of Order of Justice Mainville: May 19, 2011

     

     

    32. His Highness requests Court to order NT to Respond Under Oath: July 21, 2011

     

     

    33. His Highness insists Discovering Nagib Tajdin under oath: July 29, 2011

     

    34. His Highness' Response to NT's Fight Against Court's Direction: Sept.20, 2011

     

    35. Justice Russell Dismisses Nagib Tajdin's Meritless Motion - Oct. 28, 2011

    The Honorable Mr. Justice James Russell dismissed Nagib Tajdin's meritless motion and ordered Nagib Tajdin to pay the costs of this motion on full indemnity basis and immediately payable to His Highness.

    36. His Highness' Response to Nagib's Appeal of Russell's Order: - April 11, 2012  

    Nagib Tajdin had appealed the Order of The Honourable Justice James Russell. In response, His Highness requested the Federal Court of Appeal to dismiss NT's appeal with costs.

    37. His Highness' Refusals Motion: 19th April, 2012

    Contains 4 volumes (1026 pages) which include His Highness' Notice of Motion (7 pages) & His Highness' Written Submissions. Also refer to His Highness' Letters  

     

    38. His Highness' Submits a draft Order: June 4, 2012

    Upon instructions of the Court, His Highness submitted a draft order for Court's review. NT disagreed. Schedules of Refusals and Undertakings originating from November 8, 2012 Discovery of Alnaz Jiwa & Nagib Tajdin. Revised copy of this undertaking has not been obtained; so the original should serve as a basic reference while analyzing the draft order.

     

    39. Madam Prothonotary Milzynski Order Oct 29, 2012

    The Court upheld the bulk of His Highness' draft and ordered Defendants Nagib Tajdin & Alnaz Jiwa to respond to the questions posed by the Plaintiff His Highness Prince Karim Aga Khan within 30 days.

     

    40. His Highness' letter Nov. 5, 2012

    His Highness selects 10 Names of High-Volume Purchasers of Infringing Materials He would like Nagib Tajdin to produce

     

     

    Nagib Tajdin & Alnaz Jiwa

    Have Ignited a Legal Battle

    In Defence of 10 High-Volume Purchasers of Infringing Materials

    October 2012 - In Progress

    On November 8, 2012, both defendants challenged the Order of Madam Prothonotary Milzynski (Referee Order) . On November 29, 2012, NT retained the services of a lawyer, Mr. Archambault who adjourned the appeal to Dec 3, 2012. In January of 2013, NT retained the services of a different lawyer Mr. Jean-Philippe Gervais (Montreal) and the motion was adjourned until April 15, 2013. In their motion dated Nov. 8, 2012 NT and AJ told the Court that the "information" sought by the Plaintiff His Highness was "not relevant and is in the nature of a fishing expedition".

     

     

    41. His Highness' Written Submission - April 10, 2013

    His Highness requested the Court to dismiss NT's and AJ's motion.

     

    42. His Highness' letter to the Judge + Draft Order - April 22, 2013

    At the request of the Court, the parties each made submissions in writing to Justice Tremblay-Lamer proposing seperate drafts.

     

    43. Court Order by The Honourable Madam Justice Daniel Tremblay-Lamer

    Justice Tremblay-Lamer granted the Defendants' motion, in part, overturning all but one of the questions ordered to be answered by the Referee in the Referee Order (10 names of high-volume purchasers of Infringing Materi.

    44. His Highness' Letter to Madam Justice Daniel Tremblay-Lamer May 1, 2013 

    Since NT and AJ could construe that they have been granted the powers to select any 10 arbitrary names of purchasers of Infringing Materials, His Highness' solicitors requested Madam Justice Tremblay-Lamer to redraft her Order which is in absolute harmony with Referee's Order.

     

    Since time was of the essence, His Highness also filed a Motion and an Appeal on May 6, 2013. The magnitude of seriousness His Highness attaches to finding out the names of these 10 high-volume purchasers of Infringing Materials is blatantly obvious and palpable in the letter and spirit of His Highness' submissions and letter.

    45. His Highness' Notice of Motion - May 6, 2013

    46. His Highness' Written Representations - May 6, 2013

     

     

     

     

     

     

     

     

     

     

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