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

    Click below to view transcript of Alnaz Jiwa's discovery (8th August, 2010):

    Click below to view His Highness The Aga Khan's

     Click below to read more on Nagib Tajdin's Vendetta & Perverse Aim:

     Click below to view His Highness' Response to Court of Appeal

     

    Click below to view Justice Russell's Full Order & Discovery Transcripts of Nagib Tajdin (Oct. 17, 2011) & Alnaz Jiwa (Oct. 19, 2011)

     

     Undertakings Click below to view His Highness' Refusals Motion Record of over One Thousand Pages

     

     

     

     

     

    16

     

    Parts of

     

    The Aga Khan Lawsuit

     

    Part 9 of 16

     

    REFERENCE PROCEEDINGS 

    A Detailed Version

     

     

    "Reference Proceedings"

    In Defence of Veiled Farman Thieves & Printer

    By Judgment dated March 4, 2011, The Honourable Justice Harrington had ordered a reference for damages or profits resulting from Nagib Tajdin's and Alnaz Jiwa's infringing activities. Alnaz Jiwa is a solicitor by profession; hence, an officer of the court.  

     

    Voluminous Reference Proceedings patently suggests that Nagib Tajdin and the officer of the court Alnaz Jiwa exhausted all means to resist court discoveries and fiercely sought to hide the identities of John Doe Defendants, Printer(s), agents, distributors, recipients and purchasers of Infringing Materials, etc. who have caused "damage" to His Highness. 

     

    To defend the identities of hidden farman chors who caused "damage" to His Highness, Nagib Tajdin made several vexatious, frivolous and groundless motions and appeals thus wasting Federal court resources and increasing His Highness' legal action costs.  Responding to one of his absurd appeals, His Highness' senior solicitor told the Court:  

     

    "The Appellant [NAGIB] Tajdin has failed to show that there is a serious issue to be tried on this appeal. Rather, his evidence candidly reveals that the appeal is vexatious and a continuation of the Appellants' [Alnaz Jiwa's and Nagib Tajdin's] transparent efforts at every opportunity to use this case to prosecute a PERSONAL VENDETTA against persons who are not, nor ever have been, parties to it." - May 2, 2011

     

    "The Appellant [NAGIB] Tajdin's PERVERSE stated aim to 'protect' His Highness from the very legal action His Highness commenced, while increasing exponentially his costs and the time of the Federal Courts, further reveals the frivolous nature of this appeal." (emphasis added) - May 2, 2011

     

    While dismissing Nagib Tajdin's utterly senseless motion -  sheer wastage of Federal court resources - The Honourable Justice Russell ruled that Nagib Tajdin was merely "[R]aising vague and unsubstantiated allegations of possible harassment and privacy infringement" in order to "prevent the Plaintiff [His Highness] from finding out who the relevant parties are". Some excerpts from his Order read (emphasis added):

     

    "Transcripts of the cross-examination on the affidavits for this motion reveal that Mr. Tajdin intends to be uncooperative when it comes to answering questions and also that his answers are not necessarily supported by other evidence and require a much fuller explanation and confirmation from other sources".

     

    "The Plaintiff [His Highness] is entitled to full discovery in the usual way as ordered by the Referee. Mr. Tajdin's attempts to mount a full-blown relevance discussion part of this motion and before discovery has taken place reveal that he intends to RESIST DISCOVERY and DOES NOT WISH TO SUBMIT TO NORMAL PROCEDURES".  - Oct. 28, 2011

     

    After wasting a lot of court's resources, both farman chors were eventually ordered to appear for numerous court discoveries, provide the name of the printer, surrender unredacted documents, etc. However, infringers were not ready to release the names of third parties and they intentionally continued to drag the Reference Proceedings.  

     

    "Discoveries of Infringers"

    In one of the cross-examinations, Gray questioned Alnaz Jiwa if he was aware of Amin Tajdin (Montreal), the brother of Nagib Tajdin, being as one of the distributors of Infringing Materials. The officer of the court Alnaz Jiwa, under oath, responded in the negative. At any rate, Alnaz Jiwa categorically refused to reveal the identities and names of the distributors that he was aware of, particularly the one who fed him with the Infringing Materials in Toronto. As a result, His Highness was compelled to seek the Court's intervention through a Refusals Motion. 

     

    On May 14, 2012, the Court granted His Highness' Motion in the most part.  His Highness submitted a draft Order. As expected, Nagib Tajdin started a full-fledged debate over the content of the Order. Once again, His Highness requested the Court to intervene and finalize the Order as per its discretion. On October 29, 2012, the Court ordered infringers Alnaz Jiwa and Nagib Tajdin to respond to His Highness' questions within 30 days.

     

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

     

    Infringers NT and AJ also told the Court that "Madam Prothonotary Milzynski simply proceeded to make the impugned Order without considering" their motions which continued to remain in abeyance. Infringers with all their strength requested the Court to stay the Order of Madam Prothonotary Milzynski Or in the alternative provide an Order "For Councel eyes only".  In response, His Highness' solicitor asked the Court not to allow such requests. Some excerpts from His Highness' submission dated 10th April, 2013 read:

     

    Identity of Printer Revealed 

     

    "The defendants did attend for an examination on discovery on November 8, 2011 pursuant to the Referee Direction [...] On that discovery, Mr. Tajdin refused to produce virtually any original documents, including any information or documents identifying the printer of the books and any information or documents that would enable the Plaintiff to verify the quantity of books printed or expenses incurred. It should be noted that that the printer's name is not on any copies of the Golden Edition. Mr. Tajdin has since identified the printer." (emphasis added)

     

    Printer Shipped

    Infringing Materials to Mrs. ZARINA TAJDIN

     

    "Finally on this appeal Mr. Tajdin has produced the invoices from the printer and they show delivery of the Golden Edition to a party not mentioned heretofore in any material from Mr. Tajdin. Mr. Tajdin has asserted in this new evidence that this is a medical clinic belonging to his sister."

     

    In his sworn affidavit dated 20th March, 2013, Nagib Tajdin claimed that the printer had directly shipped the Infringing Materials not to his sister-in-law Mrs. ZARINA TAJDIN and not his sister; however, NT was quick to point out that Mrs. Zarina Tajdin was not a John Doe, farman chor. At any rate, His Highness' solicitor also told the Court the following:

     

    "Mr. Tajdin has not  kept accounting records of his dealings with the printer press. He has produced documents apparently reprinted or made up by the printing company at Mr. Tajdin's request after judgment had been rendered against him" (# 34)

     

    "Mr. Tajdin's production throughout has been incomplete and uncooperative. He has destroyed or not  kept relevant documents. The information needs to be tested against multiple third party sources for accuracy and completeness." (# 36) 

     

    "A Reference Proceedings was ordered to determine the profits made by the Defendants from the infringement. The Plaintiff was seeking answers to the questions refused or taken under advisement by the Defendants on examination for discovery, as now identified in the attachment to the Refusals Order [...]" (# 69)

     

    "Firstly, it must be determined how many infringing items were sold and the revenues received from the sales. Little information has been produced. Even when documents have been produced, it will be necessary to cross reference the information with third parties (or at least have the potential to do so) to prevent fabrication. By identifying the distributors, the Plaintiff will be able to at least attempt to corroborate the unsubstantiated statement of the Defendants as to how many books were sold and to determine if the books came from the single printer as alleged. It appears that many books were shipped directly from the printer to distributors." (# 70)  

     

    "The second issue is expenses." (# 71)

     

    "Thirdly, the sale price of the Golden Edition must be determined. The Defendants assert that they do not have invoices or books of account or banking records showing the price at which the Golden Edition books were sold and the revenues received. By going to the third party customers and distributors to whom the books were sold, the Plaintiff [His Highness] can obtain some certainty as to the price that was received for the books."   (# 72)

     

     

    His Highness' Solicitor's Letter to

    The Honourable Justice Daniele Tremblay-Lamer

     

    Some excerpts read:

     

    April 22, 2013

     

    "This correpondence relates to the hearing that was held before you on Monday, April 15, 2013 [...] It is unfortunate that Me Gervais [solicitor representing Nagib Tajdin and Alnaz Jiwa] did not feel able to provide his Draft Order to me for review prior to forwarding it to the Court, although I requested him to do so numerous times [...]"

     

    "[B]ooks were directly shipped from the printer to people (possible distributors), some of whom received (or bought we don't know which) in some cases 100, 200, 300, 400, 600, 1000 copies. The Prothonotary understood that it would not make sense for Mr. Tajdin to pick the ten names that he would provide because it is those persons who received large quantities of books that are of most interest to the Plaintiff [His Highness the Aga Kahn] and can likely provide the most useful information."

     

    "The Court can also see that from the chart that the distribution was apparently worldwide with Canada, the USA, the UK, Africa and Russia mentioned as destinations. I mention this because His Highness has picked to advise him about this matter, those persons who lead institutions which are responsible for the publication of his words which are the subject of this matter, worldwide and will be in the best position to advise him about whatever information is obtained."

     

    His Highness' Senior Solicitor

    Provides a Draft Order with Names of ITREB Chair

     

    In her Order dated April 24, 2013, Federal Court judge The Honourable Madam Justice Tremblay-Lamer stated: 

     

    "[T]he Court is of the opinion that the outstanding questions which the Prothonotary ordered the Defendants [Alnaz Jiwa and Nagib Tajdin] to answer, have been satisfactorily answered by material and information communicated by the Defendants to the Plaintiff [His Highness] subsequent to the Prothonotary's Order"

     

    Madam Justice Tremblay-Lamer also noted that the Reference Proceedings "should be brought to a conclusion forthwith, in light of the limited financial scope of the debate in issue and the extent of resources allocated".

     

    In his draft Order, His Highness' solicitor Mr. Brian Gray had requested the Court to order Defendants to provide 10 names of persons of puchasers of Infringing Materials to Plaintiff His Highness Prince Karim Aga Khan, His Highness' legal counsel and His Highness shall this information with his representatives of Tariqah and Religious Education Board (ITREB) in Canada, USA, Portugal, France, United Kingdom, India, Tanzania, Kenya and Uganda.  Gray provided the following names:

     

    1.    Alijah Dr. Mohamud Amirali Karim (Canada)

    2.    Huzur Mukhiani Shahinour Nathoo (France)

    3.    Alijah Saheba Guilner Riyaaz Makaney (India)

    4.    Alijah Hassan Noorali Chatur Popat (Kenya)

    5.    Huzur Mukhi Azzim Gulamhussen (Portugal)

    6.    Rai Abdulaziz Akberali Lalani (Tanzania)

    7.    Alijah Saheba Arzina Riyaz Kurji (Uganda)

    8.    Huzur Mukhiani Salima Gowerali Bhatia (United Kingdom)

    9.    Alijah Al-Karim Sadruddin Alidina (United States of America) 

     

    Subsequently, Madam Justice Tremblay-Lamer ruled:

     

    "THIS COURT ORDERS [...] the Defendants to provide the Plaintiff  and his legal counsel with the names of ten (10) purchasers of the material in dispute, being a book entitled "Farmans 1957-2009 - Golden Edition Kalam-E Imam-E-Zaman", for the sole purpose of ascertaining the purchase price paid by them." - April 24, 2013,

     

    The Order cites names as requested by His Highness' solicitor Brain Gray. 

     

    Why Chairpersons of ITREB?

     

    It is His Highness' sole prerogative to authorize or not authorize readings of Farmans in any part of the world; to publish or not publish His Farmans. If His Highness chooses to publish - at his sole discretion and pleasure - all, any or some of his Farmans at any given time and in any part of the world, such a publication can only take birth in accordance with an established criteria and guidelines. To carry out this function, His Highness has created ITREBs.

     

    Article 8.1 & 8.4 of the Ismaili Constitution empowers ITREB to carry out the official mandate of publishing His Highness' copyright materials. It is this right which was usurped by farman chors Alnaz Jiwa, Nagib Tajdin and the rest of the cult including Fateh Dhalla, Karim Alidina, Shamshu Murji, Layla & Husayn Dharsee and others.   This was the reason why His Highness initiated legal action against these infringers.

     

    During the legal proceedings, Alnaz Jiwa and NT had manufactured LIES in order to attack the credibility of His Highness' chosen institutions and whose leadership He has appointed. In defence of his leaders and institutions, His Highness told the Court:

     

    "As the copyright holder, the Plaintiff has established a procedure by which the ITREB is the sole entity authorized to receive requests for publication of the Plaintiff s Farmans and other works. The Plaintiff thus receives requests for publication from the ITREB and if approved by the Plaintiff, the ITREB is the sole entity authorized to publish and distribute the Plaintiffs Farmans and other works." (emphasis added)

     

    For more, read part # 3 entitled "Legal Action & Talika of the Imam".  Same section also provides Justice Harrington's take on the Ismaili Constitution vis-a-vis ITREB's function.  

     

    Reference Proceedings Continue....

     

    Notwithstanding whether NT and AJ will or will not comply with the Court Order -vendetta war against His Highness' institutional leaders are currently in progress.  The likes of NT have initiated legal proceedings in the court of law in India and disciplinary proceedings in the United Kingdom.  Moreover,  Nagib Tajdin has implied that he and his co-defendant Alnaz Jiwa will continue to defy the law by infringing His Highness' copyright - obviously through underground means.  

     

    Continue to Part 10 of 16

    Vendetta War

     

     

     

     

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