Legal Documents # 1 click here
- REFERENCE PROCEEDINGS -
"NT & AJ continued to Fight with His Highness in the Post-Judgment Phase"
The activities of Nagib Tajdin & Alnaz Jiwa lead us to infer that they do not want to reveal the identities & names of John Doe Defendants nor do they wish to be cross-examined under oath regarding their infringing activities. To protect the veiled John Doe Defendants, Printer(s) and others - Nagib Tajdin will continue to battle with His Highness from this point onwards.
Fundamental pointers: Before Justice Harrington delivered his Judgment in favor of His Highness, Nagib Tajdin and defendant-solicitor Alnaz Jiwa had refused to provide the court with the transcript of His Highness' discovery. AJ and NT suggested that the court reporter too was on His Highness' team which is allegedly committing a fraud on Court of Canada! AJ told the court that the high profile American solicitor Mr. Daniel Gleason who had witnessed His Highness sign the notarized Affirmation is either lying, mistaken or a victim of fraud! Despite repeated requests, this Toronto based solicitor (officer of the court) declined to cross-examine Gleason. In essence, Alnaz Jiwa deliberately obstructed Gleason to serve the cause of justice and truth. As time progesses, NT will start a fight with Prothonotary of Federal Court of Canada while AJ will become a silent observer.
35. Requisition: March 29, 2011. Subsequent to Justice Harrington's Judgement and Chief Justice's Order dated March 16, 2011, Prophonotary Martha Milczynski was designated as Referee to determine the quantum of damages referred to in the order of Justice Harrington. Accordingly, the Plaintiff - HIS HIGHNESS THE AGA KHAN - requests that a timetable be set for the conduct of the Reference, including discovery of the Defendants.
36 His Highness's Statement of Issues: March 29, 2011. Caption under "The Defendants' Infringing Activities" in the Statement of Issue by His Highness reads as follows (emphasis added):
i. The dates and quantities of the Defendants' sales of the Golden Edition and Farmans & Talikas contained therein, are not known the Plaintiff [His Highness], but are known to the Defendants [Nagib Tajdin & Alnaz Jiwa].
ii. The IDENTITIES and NAMES of the JOHN DOE DEFENDANTS who ASSISTED the Defendants [Nagib Tajdin, Alnaz Jiwa] in the reproduction, promotion, sale and distribution of the Golden Edition and the Farmans and Talikas contained therein, is not known to the Plaintiff [His Highness], but is known to the Defendants [Nagib Tajdin, Alnaz Jiwa]
iii. The IDENTITIES and NAMES of the persons who PURCHASED the Golden Edition and the Farmans and Talikas contained therein from the Defendants and/or the John Doe Defendants, is not known to the Plaintiff [His Highness], but is known to the Defendants [Nagib Tajdin, Alnaz Jiwa].
37. His Highness' Response to Nagib Tajdin: May 2, 2011
After scoffing at His Highness' talika on Nagib Tajdin's propaganda machine named ismaili.net and after characterizing The Honourable Justice Harrington as incompetent and ignorant judge, Nagib Tajdin and Alnaz Jiwa appealed Justice Harrington's Judgement. Since the LAW has PERMANENTLY handcuffed NT and his band of fanatical supporters from breaching His Highness' copyright, NT came up with a new tactic: NT urges the Federal Court of Appeal to stay paragraphs 4-9 of Justice Harrington's Judgement. His Highness responds that NT's and AJ's appeal are frivolous, vexatious and bankrupt when it comes to merits. Hence, the Court ought to dismiss NT's motion, which in turn, seeks to stay the operation of paragraphs 4-9 of Justice Harrington's Judgement. His Highness' Response expose NT's inability to read and grasp the letter and spirit of the Judgement; the Response demolishes NT's each and every argument!
38. Order of The Honourable Justice Mainville J. A: May 19, 2011
Federal Court of Appeal dismisses Defendant Nagib Tajdin's motion which sought to stay (hold) paragraphs 4-9 of the The Honourable Mr. Justice Harrington.
39. Reasons of Order of Justice Mainville: May 19, 2011
40. First Case Management Conference (CMC), June 16, 2011
I. Mr. Gray to give Mr. Tajdin a list of production requests within the week.
II. Mr. Gray to receive documents, unredacted by Oct 7, 2011.
III. Examination of Mr. Tajdin on Nov 8-9, 2011 (and Mr. Jiwa)
IV. CMC scheduled for Nov 15 at 9:30am for 1 hour.
41. His Highness' Response to Appeal filed by Nagib Tajdin & Alnaz Jiwa: July 14, 2011
The Plaintiff His Highness The Aga Khan serves his Memorandum of Fact and Law and asks the Court to dismiss Defendants Nagib Tajdin's and Alnaz Jiwa's appeal. A 35-page Memorandum exposes and crushes 19 grounds of appeal authored by Nagib Tajdin and Alnaz Jiwa. Some excerpts from His Highness' Memorandum read:
"There is no genuine issue which merits the expenditure of further judicial resources. The Appellants have failed to show that the Motions judge erred in law or committed a palpable and overriding error. Whether his Judgment is reviewed on a standard of correctness, or whether it is given deference, this appeal should be dismissed with costs. "
"The Appellants [Nagib Tajdin & Alnaz Jiwa) have raised a number of grounds of appeal relating to the role of a motions judge on a motion for summary judgment. In almost every instance, these grounds are based on a mischaracterization or misunderstanding of the Reasons for Judgment." (emphasis added)
42. His Highness asks Court to order Nagib Tajdin to Respond Under Oath: July 21, 2011
Under Rule 167 of the Federal Courts Rules, His Highness requests a court order to proceed with examination for discovery of Defendants Nagib Tajdin & Alnaz Jiwa. His Highness' letter states that the Defendants' "document production to date is deficient" and submits that "proceeding with discovery on the document produced to date (and any evidence Mr. Tajdin may be able to explain under oath) will be the simplest, least expensive and most expeditious manner of dealing with deficiencies concerning the Defendants' document production." His Highness' letter further clarifies: "It should be noted that almost no original documents have been produced. For example, there are no documents identifying who printed the books and nothing that would enable the Plaintiff to verify how many books were printed. There are virtually no original documents verifying expenses. Rather, Mr. Tajdln has produced tables of financial data that he created himself, and which require explanation. Apparently Mr. Tajdin has not kept any original receipts, nor submitted any tax returns with respect to the book project."
43. His Highness The Aga Khan insists Discovering Nagib Tajdin under oath: July 29, 2011
Nagib Tajdin has been broadcasting that he would do anything for His Highness. His gigantic ego, pride and lunacy have blinded him from accepting the following fact: he and his group of fanatics have infringed His Highness' copyright. As a result, NT is appealing Justice Harrington's Judgment. With all his might, he is resisting from being cross-examined under oath! His Highness' senior solicitor suggests that "Mr. Tajdin is hiding the real truth about the number of books printed and sold, how these were distributed and the profit made."
ü "We do not trust the defendants [Nagib Tajdin & Alnaz Jiwa] to produce accurate information in the absence of the intervention and oversight of the courts."
ü "The document production for damages has been wholly inadequate and we are convinced now from the past experience of dealings with these defendants that no progress will be made without an examination."
ü "Mr. Tajdin, by his own admission, has not filed tax returns on this enterprise and seems to have retained almost no documents. Mr. Tajdin has made a number of unverifiable conclusory statements. The plaintiff and the court should not have to accept this from an infringer."
ü "The most efficient way to explore these issues is by an examination under oath. We are not going to receive the necessary information by an exchange of correspondence with Mr. Tajdin and with the court."; "We have trouble believing Mr. Tajdin that he cannot find a day to be examined on these issues while he is here";
ü "In any event we are entitled to have discovery to verify these statements. Mr. Tajdin's resistance to any form of real disclosure, while protesting allegiance to His Highness, suggests that Mr. Tajdin is hiding the real truth about the number of books printed and sold, how these were distributed and the profit made."
Note: On August 31st, 2011 Alnaz Jiwa, Nagib Tajdin and Mr. Brian Gray (His Highness' solicitor) will appear in person for a case management conference.
44. Order of Hearing of Appeals: Aug. 22, 2011
Order from Federal Court of Appeal sets the hearing date for Nov. 14, 2011 in Toronto. NT & AJ allege that Justice Harrington who ruled in favor of His Highness was incompetent & had made made blunders; therefore, the Judgment ought to be set aside and a trial should take place so Karim Alibhay of Montreal can challenge His Highness' position. His Highness has asserted that he has never permitted NT, AJ, Karim Alibhay or any other individual to publish His Farmans. Karim Alibhay asserted to the contrary! NT and AJ wanted 2 full days to make their case. The Court refused and allowed only "a duration not to exceed a total of four hours" which included His Highness' rebuttal.
45. Second Case Management Conference (CMC) Aug. 26, 2011
Recall, The Honourable Justice Harrington had ordered a reference for damages resulting from Alnaz Jiwa's and Nagib Tajdin's infringement of His Highness' copyright. The Chief Justice designated Madam Prothonotary Milczynski as the referee in respect of this reference.
i. Mr. Gray to give Mr. Tajdin a list of production requests within the week.
ii. Mr. Gray to receive documents, unredacted by Oct 7, 2011.
iii. Examination of Mr. Tajdin on Nov 8-9, 2011 (and Mr. Jiwa)
iv. In person cmc scheduled for Nov 15 at 9:30am for 1 hour. held in Court
46. His Highness' letter to the Court: Damages - Aug. 29, 2011
"...As the court knows, there was no discussion of incorporating confidentiality into the direction because the documents were not to be filed in court..."
47. Court's Decision - Proceedings for Damages - Sept. 6, 2011
Oral Directions from Madam Prothonotary Martha Milczynski ...The Defendants, Mr. Tajdin and Mr. Jiwa, will deliver a supplementary affidavit of documents, including delivery of complete and unredacted copies of all relevant documents, and including an explanation for any documents missing or lost; and including enquiries that have been made of others to locate relevant documents, to Counsel for the Plaintiff by October 7, 2011. 3. Mr. Tadjin and Mr. Jiwa will make themselves available for discovery in Toronto on Nov. 8 to 9, 2011.
48. His Highness' letter to the Court: Damages - Sept. 6, 2011
His Highness' solicitor writes to NT and AJ to produce original, relevant unredacted documents for inspection by October 7, 2011 as ordered by the Court. A detailed but not an exhaustive list is provided to assist the defendants...
49. Nagib Tajdin's Battle Against Prothonotary of Court of Canada
By Court's Direction, Nagib Tajdin and Alnaz Jiwa are required to produce original and unredacted copies of documents by October 7, and to make themselves available for discovery in Toronto on Nov. 8 & 9, 2011. Through distractive tactics and by making "serious unfounded attacks" on His Highness' legal entourage, His Highness aides and Madam Prothonotary Milczynski, NT seeks to appeal the Court's Direction on October 24, 2011, a date which falls after the deadline of Court's Directives!
50. His Highness' Response to Nagib Tajdin's Fight Against Court's Direction:
His Highness' solicitor Mr. Brian Gray told the court: "Leaving aside for the moment any consideration regarding the merits of this motion and the serious unfounded attacks made therein, we are writing to the Court to raise our concern regarding the timing of the motion." Gray points out that this is NT's "stratagem" of requesting "a return date for the motion that falls after the deadline"! Gray insists that "Mr. Tajdin and Mr. Jiwa should be required to comply with the Direction". As to the "allegations and misrepresentations" Gray vowed to deal with these at "another time and place". Since NT fabricates events and hear what others don't, it was very appropriate for Gray to request the Court that a reporter be present to record the proceedings whenever and wherever defendant Nagib Tajdin is present.
51. Justice James Russell Dismisses Nagib Tajdin's Meritless Appeal: October 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 the full indemnity basis and immediately payable to His Highness The Aga Khan. Justice Russell ruled that Nagib Tajdin's motion was "completely unnecessary" and that NT simply "intends to resist discovery and does not wish to submit to normal procedures" The mind-set of Alnaz Jiwa is no different as this is palpable upon reading the transcript of AJ's cross-examination. His Highness' solicitor's ending statement corroborates the foregoing assertion: "I don't have any confidence of how many books were printed, how many books were sold, how many books were given away. Quite honestly, you haven't helped me with respect to that today. We will just have to take this up again."
Our reading of the Order: Nagib Tajdin is characterized as a hypocrite, liar, malicious, defiant and so forth. At the outset, NT and AJ narrated spurious allegations of fraud and forgery. This time, NT fabricated allegations of so-called threats and harassment against his friends Karim Alibhay of Montreal & Mahebub Alam Chatur of London, England. Chatur is aka Bloglaw who is championing the cause of NT on NT's website. Justice Russell concluded: "The unsubstantiated assertion of threats and the claims to privacy, and unsubstantiated assertions of the 'leaking' of confidential information look like little more than a pretext to avoid the production and examination of the information necessary to determine the real revenues received and the profits made by the Defendants"
Nagib Tajdin Fails to Comply with the Court's Order
Justice Russell noted that Nagib Tajdin had failed to comply with the Court's Order. The Court had ordered NT to provide unredacted documents to His Highness' solicitors by October 7, 2011.
Court Discovery of Nagib Tajdin & Alnaz Jiwa
The Court has ordered Alnaz Jiwa and Nagib Tajdin to attend to a full-fledged court discovery on Nov. 8 & 9.
Nagib Tajdin appealed the Order by The Honourable Justice Russell.
52. Federal Court of Appeal Dismisses Nagib Tajdin's Meritless appeals: January 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. In essence, NT and AJ wasted the Court's & His Highness' most precious time. It appears that both defendants will seek leave to appeal the Judgment from the Court of Appeal.
53. NT's & AJ's Battle Against His Highness Continues in the Supreme Court of Canada
His Highness asks Supreme Court to Dismiss NT's & AJ's Applic. for leave to Appeal
March 16, 2012: Nagib Tajdin & Alnaz Jiwa filed an application seeking for leave to appeal the decisions rendered by the Federal Court & Court of Appeal on the grounds that these are replete with issues of "public importance".
May 2, 2012: In response, His Highness' solicitors have argued that there are no issues of "national or public importance" and asks the Supreme Court to dismiss AJ's and NT's application for leave to appeal with costs.
54. His Highness' Response to Nagib Tajdin's Appeal of Russell's Order: - April 11, 2012
April 11, 2012: With respect to Reference Proceedings, Nagib Tajdin' continues his battle against His Highness by appealing the Order of The Honourable Justice Russell. In response, His Highness requests the Court to dismiss NT's appeal with costs. Some extracts from His Highness' Memorandum of Fact & Law read:
3-5 "By this appeal, Mr. Tajdin, now seeks to overturn the Order of Mr. Justice Russell dated October 26, 2011 (the 'Russell Order') which upheld the Referee Milczynski's Order dated September 6, 2011...This motion and now this appeal should never have been brought...Mr. Tajdin has previously sought to stay this Reference Proceeding his appeal on the merits, which has now been dismissed. This 'unnecessary' appeal represents yet another attempt by Mr. Tajdin to stall the Reference Proceeding and withhold the production of relevant documents. Mr. Tajdin's appeal is without merit and should be dismissed with costs."
73 "Mr. Tajdin's assertions of threats, unsubstantiated claims of privacy, and the baseless assertions of the 'leaking' of confidential information are a pretext to avoid the production and examination of the information necessary to determine the real revenues received and the profits made by the Defendants' infringing sales of the Golden Edition."
78 "Mr. Tajdin's motion before Russell J. was replete with serious allegations of procedural misconduct and bias against the Referee. Counsel for the Respondent [His Highness Prince Karim Aga Khan] was also personally accused of misusing confidential information, of leaking confidential information to the press, and of acting without the authorization of his client [His Highness Prince Karim Aga Khan]. Russell J. determined that all of Mr. [Nagib] Tajdin's allegations were entirely unsubstantiated by the evidence."
81. " For the foregoing reasons, the Respondent [His Highness Prince Karim Aga Khan] respectfully requests:
(a) An Order dismissing the Appelant's [Nagib Tajdin's] appeal;
(b) Costs; and
(c) Such further and other relief as counsel may advise and to this Honourable Court may seem just.
55. Reasons of Judgment - Reference Proceedings
After a 20-Month battle, three competent judges from Federal Court of Appeal tossed the appeal of NT in trash, of course with cost. NT, for the first time, was represented by a solicitor, Mr. Jaswat Singh Mangat.
56. Judgment - Reference Proceedings
Judgment which trashed NT's appeal.
To fiercely hide the identities of printer(s), agents, distributors, recipients and purchasers of Infringing Materials, Nagib Tajdin and Alnaz Jiwa have engaged in a protracted legal battle. Since Alnaz Jiwa and Nagib Tajdin are bent on hiding the identities of hidden infringers, His Highness invoked the intervention of the Court by introducing a Refusals Motion.
57. His Highness' letters to the Court vis-a-vis His Refusals Motion
His Highness Prince Karim Aga Khan's Refusal Motion
Heard in Court on May 14, 2012
NT and AJ were ordered to attend discoveries on November 8, 2012. Both defendants refused to answer questions. In the face of these refusals, His Highness brought a Refusals Motion requesting the Court to compel the officer of the court Alnaz Jiwa and Nagib Tajdin to respond. Some extracts from His Highness' letters, Notice of Motion and Written Submissions read:
18: "On discovery, Mr. Jiwa gave eight undertakings which he has not yet fulfilled..."
43: "Mr. Jiwa knows the identity of some of the book distributers, including the distributor from whom he purchased his 24 boxes of Golden Edition books, but he will not disclose any names"
44: "Mr. Jiwa bought the books and paid half the amount owing ($2400 CAD) in cash. He sold all the books for cash. He did not pay or collect any GST or PST. He did not keep any records and he has no e-mails relating to book sales."
45: "Mr. Jiwa searched his hotmail account, but cannot remember whether he found e-mails that related to the price at which he was selling the book. Later, Mr. Jiwa stated that when he searched his e-mail account, he could not find a single e-mail that references the price of the Golden Edition, or the amount that he was selling, or anything relating to the number, distribution or sale of the Golden Edition."
16: "On discovery Mr. Tajdin refused requests to provide information and/or produce original documents, including no information or documents identifying the printer of the Golden Edition, no information or documents that enable the Plaintiff [His Highness] to verify the quantity of books printed or the expenses incurred."
57: "...the Defendants have both asserted that they have given away books for free. In the case of Mr. Tajdin, the number of free books distributed is alleged to 30 to 50% of the books sold. By having their names of persons who received such gifts, the Plaintiff [His Highness Prince Karim Aga Khan] will be able to verify these statements." [...] 60: (e) e-mails, names of purchasers or distributors, or any other information to enable the Plaintiff [His Highness] to verify the Defendants' claims that books were given away for free or sold at a deficit, and the price at which they were sold.
61: "The Plaintiff submits that there is a reasonable likelihood that this information will advance the Plaintiff's case or damage the Defendant's case."
63: "Mr. Tajdin's insistence that he has not maintained any ledgers or books of account in respect of the sale of the Infringing Materials is simply not credible..."
67. [His Highness] respectfully requests:
(a) An Order requiring the Defendants [Alnaz Jiwa & Nagib Tajdin] to deliver answers to the questions refused or taken under advisement as identified in Schedules "A" and "B" attached to the Notice of Motion dated April 19, 2012, and all proper questions arising therefrom, within (3) days of the Order of this Court;
(b) Costs of this motion fixed at $8,000
58. His Highness' Submissions of Refusals Motion
1. Schedules of Refusals and Undertakings Nov. 8, 2012 Discovery of Alnaz Jiwa & Nagib Tajdin
2. His Highness' motion record contains 4 volumes (1026 pages) which include His Highness' Notice of Motion (7 pages) & His Highness' Written Submissions
NT's Malicious & Slanderous Attacks
Against His Highness Prince Karim Aga Khan, His Highness' Solicitors & Aides
NT & AJ challenged His Highness' Refusals motion. The Court ruled that NT's and AJ's motions shall be held in "abeyance" pending the disposition of His Highness' refusals motion. Perhaps in utter desperation, NT provided the Court with a sworn Responding Affidavit which is replete with malicious lies, outrageous fabrications and slanders aimed at His Highness, His Highness' solicitor Mr. Brain Gray, the highly reputable law firm Norton Rose, His Highness' senior most Aide Dr. Shafik Sachedina, Institutional leaders and parties who are not even involved in the lawsuit.
Nagib Tajdin's perverse attitude is hardly surprising particularly to those who are so familiar with NT's slanderous propaganda which was had carried out on Alnaz Jiwa's forum, ilm-net and on his own propaganda machine (ismaili.net).
At any rate, His Highness' motion was heard as scheduled on May 14th, 2012 and the matter was mostly granted in favor of His Highness. This is yet another humiliating defeat for Nagib Tajdin and Alnaz Jiwa.
59. His Highness' Submits a draft Order:
Upon instructions of the Court, His Highness submitted a draft order for Court's review. Nagib Tajdin disagreed with the draft. His Highness' states: "[...] Defendant Mr. Tajdin does not agree that he has been ordered to answer certain questions. In addition, Mr. Tajdin objects to the answers he provided at the hearing forming part of the order. The Defendant Mr. Jiwa has yet to provide any position on the Plaintiff's draft order.
1. Schedules of Refusals and Undertakings 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.
60. Court Order Oct 29, 2012
The Court ordered Defendants Nagib Tajdin & Alnaz Jiwa to respond to the questions posed by the Plaintiff His Highness Prince Karim Aga Khan within 30 days.
61. His Highness' letter request the Court order infringers to provide names of 10 individuals
62. Defendants Alnaz Jiwa & Nagib Tajdin Challenged the Order of Madam Prothonotary Milzynski
They brought a motion dated Nov. 8, 2012 resulting in an additional delay of some 5 months. They retained a solicitor by the name of Jean-Philippe Gervais (Montreal).
Infringers Alnaz Jiwa and Nagib Tajdin told the Court that the "information" sought by the Plaintiff His Highness Prince Karim Aga Khan "is not relevant and is in the nature of a fishing expedition". They 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 "For Councel eyes only" but His Highness The Aga Khan's Senior Solicitor asked the Court not to allow such requests. Further, he crushes the arguments of the infringers.
63. His Highness' Written Submission - April 10, 2013
64. 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.
65. 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 Materials.
66. 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. Further, he want Alnaz Jiwa & Nagib Tajdin to answer all the questions which they refuse to answer to.
67. His Highness' Notice of Motion - May 6, 2013
68. His Highness' Written Representations - May 6, 2013
69. His Highness' Appeal Memorandum - 1st August 2014
70. Reasons of Judgment - Jan 15, 2014
71. Reasons of Judgment in French - Jan 15, 2014
72. Court Order - Oct 20, 2014