Court of Appeal File No: CA 43682
COURT OF APPEAL
BETWEEN:
ALTAF NAZERALI
Respondent
CPlaintitt)
MARK MITCHELL, PATRICK BYRNE, DEEP CAPTURE LLC,
Appellants
(Defendants)
HIGH PLAINS INVESTMENTS LLC., GODADDY.COM, INC.,
NOZONE, INC,, dba STEADFAST NETWORKS,
GOOGLE INC. and GOOGLE CANADA CORPORATION
(Defendants)
ORDER OF A JUSTICE
BEFORE THE HONOURABLE MADAM JUSTICE FENLON, J.A., IN CHAMBERS.
‘Vancouver, British Columbia, November 21, 2016.
THE APPLICATION OF the respondent filed November 2, 2016, coming on for hearing
November 21, 2016 at Vancouver, British Columbia; AND ON HEARING Daniel W. Burnett,
QC. for the respondent, Altaf Nazerali, and Alan McConchie for the appellants, Mark Mitchell,
Patrick Byme and Deep Capture LLC; AND ON READING the materials filed herein; AND ON
JUDGMENT BEING PRONOUNCED ON THIS DATE;
IT IS ORDERED that:
1. The appellants shall post security (“Trial Judgement Security”) for the judgment
below in the amount of $1,235,710.67 by posting an irrevocable letter of credit;
2. The letter of credit shall be posted within 90 days of the date of this order,
liberty for the appellants to apply for an extension of time to post the Trial Judgement
Security;
3. If the Trial Judgement Security is not posted within the time ordered by this
Court, the respondent is granted liberty to apply to have the appeal dismissed as
abandoned;4. The appellants are further required to post security for the costs of this appeal (the
“Appeal Costs Security") in the amount of $13,070.98, which may be posted by adding
that amount to the letter of credit, on the same terms as the Trial Judgement Security set
forth above in paragraphs 1 through 3 above; and
5. The appeal is stayed until the Trial Judgement Security and Appeal Costs Security
is posted.
ENTERED
DEC 06 2016
APPROVED AS TO FORM:
Daniel W, Bumett, Q.C. Counsel for the
Respondent, Altaf Nazerali
‘Alan®tcCafpife Counsel for the Appellants,
Mark Mitchell, Patrick Byme, Deep Capture
LLCCOURT OF APPEAL NO. CA43682
IN THE SUPREME COURT OF
BRITISH COLUMBIA
VANCOUVER — BETWEEN:
NOV 28 2016 ALTAF NAZERALI
COURT OF APPEAL RESPONDENT/PLAINTIFF
REGISTRY anp:
MARK MITCHELL, PATRICK BYRNE and
DEEP CAPTURE LLC
APPELLANTS/DEFENDANTS,
AND:
HIGH PLAINS INVESTMENTS LLC,
GoDADDY.COM, INC., NOZONE, INC. dba
STEADFAST NETWORKS, GOOGLE, INC. and.
GOOGLE CANADA CORPORATION
DEFENDANTS.
ORDER OF A JUSTICE
OWEN BIRD LAW CORPORATION >» ‘Zo, 93/0 ~JS
P.O. Box 49130 23r00.
‘Three Bentall Centre -
2900 - 595 Burrard Street
Vancouver, British Columbia Dye &
VIX 1S Durham
Attention: Daniel W. Burnett, Q.C.