Aga Khan Lawsuit

Overview of The Aga Khan Lawsuit 

 

INFRINGEMENT

 

Twenty-Eight (28) months back, Nagib Tajdin published, sold and distributed a book entitled "Farmans 1957-2009 -Golden Edition Kalam-E Imam-E Zaman" purporting to contain 589 Farmans and 77 Talikas (Infringing Materials) authored by His Highness The Aga Khan. According to Nagib Tajdin, the Infringement Materials results from a "collective effort" of individuals who worked under Nagib Tajdin's leadership. 

 

Nagib Tajdin and his veiled supporters engaged in numerous levels of disobedience. They defied the process and procedures His Highness has established; They defied His Highness' Representatives (Mukhis & Kamadias); They defied His Highness' Institutional leaders. Some of these who were either caught recording or distributing copyright materials of His Highness are Karim Alibhay, Husayn and Layla Dharsee, Alnaz Jiwa, Shamshu and Arzina Murji, Fatehali Dhalla of Vancouver, and many others who have yet to be exposed.  

 

The actions of Nagib Tajdin and his veiled supporters constituted:

 

i. A flagrant breach of the Ismaili Constitution;

 

ii. A grave attack on IMAM's (His Highness') rights and responsibilities;

 

iii. An infringement of His Highness' copyright as well as moral rights;

 

iv. Betrayal: Nagib Tajdin broke his 11 Years old promise he had made to His Highness' senior aides.

 

 

Nagib Tajdin's blatant defiance and unmanageable demeanour compelled His Highness' to take legal steps against Nagib Tajdin, Alnaz Jiwa (AJ) and veiled infringers who are referenced in the Statement of Claim as John Doe Defendants.

 

 

LEGAL ACTION

 

- FEDERAL COURT of CANADA -

 

Action: HIS HIGHNESS PRINCE KARIM AGA KHAN vs. NAGIB TAJDIN, ALNAZ JIWA, JOHN DOE, DOE CO. and all persons or entities unknown to the Plaintiff [His Highness The Aga Khan] who are reproducing, publishing, promoting and/or authorizing the reproduction and promotion of the Infringing Materials [Farmans & Talikas].

 

 

Submissions:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

i. Leaders' International Forum 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. Leaders' International Forum Second Announcement

 

 

 

Result: Judgment ruled in absolute favour of His His Highness Prince Karim Aga Khan

 

 

 

Date of Legal Action: April 6, 2010

 

 

Date of Judgment Rendered: January 7, 2011

 

 

Duration: 9 months  

 

 

Link to Court Docket: click here  

 

 

 

COURT of APPEAL

 

In their post-Judgment legal battle against His Highness, defendants Alnaz Jiwa and Nagib Tajdin appealed Justice Harrington's Judgment on the grounds which suggested that the Federal judge was incompetent, uneducated in matters of law and biased towards His Highness. After 11 months, the Court of Appeal dismissed Alnaz Jiwa's and Nagib Tajdin's meritless appeals.

 

 

 

Date of Appeal: February 7, 2011

 

 

Date of Judgment Rendered: January 16, 2012

 

 

Duration: 11 months

 

 

Link to Court Docket: click here

 

 

The SUPREME COURT of CANADA

Currently, Alnaz Jiwa and Nagib Tajdin are seeking leave to appeal the Judgments in the Supreme Court of Canada.  They insist a trial should take place.   

Result: Awaited

 

Date of Application filed: March 16, 2012

 

Link to Court Docket:  click here

   

 

REFERENCE PROCEEDINGS

- Damages or Profits -  

The Honourable Justice Harrington ordered a reference for damages or profits resulting from Nagib Tajdin's and Alnaz Jiwa's infringing activities. Chief Justice appointed Prothonotary Madam Martha Milczynski as a referee in the reference proceedings. Nagib Tajdin fought hard in order not to be dragged into a court discovery where he would be forced to name the John Doe defendants and all persons or entities who reproduced, published, promoted and/or authorized the reproduction and promotion of the Infringing Materials (Farmans & Talikas). Prothonotary Milczynski dismissed Nagib Tajdin's request and ordered cross-examinations of Nagib Tajdin and Alnaz Jiwa. 

 

Nagib Tajdin brought a motion which desperately sought to stay (hold) the Judgment of Justice Harrington vis-a-vis reference proceedings.  Justice Mainville dismissed Nagib Tajdin's motion not once but twice. As a result of his failures, Nagib Tajdin then started a full-fledged battle against Prothonotary Madam Milczynski's Order.  

 

Nagib Tajdin sought the intervention of Federal Court of Appeal insisting to overturn Prothonotary Martha Milczynski's Order. In the course of his legal battle against His Highness, Nagib Tajdin launched a malicious attack against His Highness' senior solicitor Mr. Brian Gray and fabricated all sorts of allegations.

 

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

 

Before Prothonotary Madam Milczynski was able to bring Nagib Tajdin into a court discovery, Nagib Tajdin challenged the Order of Justice Russell. By this appeal, Nagib Tajdin desperately sought to avoid being discovered.  At any rate, His Highness remained undeterred and the Court did not stay (hold) the reference proceedings. Nagib Tajdin and Alnaz Jiwa were forced into cross-examinations sessions. Now, both refused to co-operate and failed to respond to questions pertaining to their infringing activities. As a result, His Highness sought the intervention of the Court by means of Refusals Motion.

 

 

His Highness' Refusals Motion

 

*      His Highness requested the Court to compel Alnaz Jiwa & Nagib Tajdin to respond to questions pertaining to their infringing activities and produce relevant documents. In addition to His Highness' letters, the Motion contained one thousand and twenty-six (1026) pages.  Some of the extracts read:

 

40: "Mr. Jiwa gave eight undertakings which he has not yet fulfilled, although such undertakings were identified and requested by e-mail from Counsel for the Plaintiff [His Highness] dated February, 2012."

 

40: "Mr. Jiwa gave eight undertakings which he has not yet fulfilled, although such undertakings were identified and requested by e-mail from Counsel for the Plaintiff [His Highness] dated February, 2012."

 

41: "Although Mr. Jiwa admitted that many people asked him about the book and contacted him to buy the book, Mr. Jiwa only located a single e-mail relating to the purchase of the infringing Golden Edition. Apparently, he deleted any such e-mails as he received them. "

 

42: "Mr. Jiwa is the manager/moderator of [Ilm-net] list serve (i.e., e-mail distribution list) and has distributed offers to sell the book to the members of his list serve. As list serve moderator, Mr. Jiwa has access to the list serve, but he has not searched the list serve for any items relating to the Infringing Materials, nor has he made inquiries on how to search the list serve. Even though Mr Jiwa gave an undertaking to search the list serve this distribution list, he has not yet done so."

 

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 [Farman books]"

 

To challenge His Highness' Refusals Motion, Nagib Tajdin brought a motion requesting the Court to stop His Highness' Reference Proceedings pending the decision of Nagib Tajdin's appeal of Justice Russell's Order. Alnaz Jiwa brought his motion requesting the Court to dismiss His Highness' Reference Proceedings against him. The Court ruled that NT's and AJ's motions would be held in "abeyance" pending the disposition of His Highness' refusals motion.

 

 

Nagib Tajdin then provided the Court with his Responding Affidavit. This sworn affidavit is replete with hysterical allegations against His Highness, law firm and solicitors His Highness has retained, His Highness' Aides and Institutional leaders and parties who are not even involved in the lawsuit. Simply put, Nagib Tajdin's sworn affidavit is replete with malicious lies, slanders and outright fabrications.  In this affidavit, Nagib Tajdin explicitly suggest that His Highness is allegedly implicated in a criminal conspiracy orchestrated by Norton Rose and its high-profile solicitors. 

  

 

The Court granted His Highness' Refusals Motion on May 14, 2010 - a severe blow to Nagib Tajdin and Alnaz Jiwa. An Order from the Court is imminent. Meanwhile, Nagib Tajdin is fighting on the contents of the Order.

 

 

Sources

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Copyright © 2012 lawsuit2010.com. All rights reserved.

Home
Events & News
Media & Reports
Legal Documents
About Us