Telus claims lawsuit has no merit
By Ahmad Hathout
An Asian content programmer is alleging Telus has been broadcasting its programming without consent.
APNA Desi TV Network Inc. alleges in a statement of claim filed in Federal Court last month that Telus has been retransmitting Prime Asia Television content that it claims it has the exclusive rights to broadcast in the country.
“Plaintiff expressly notified the Defendant verbally in a meeting held in December 2023 and in January 2024 in writing of its exclusive rights and provided documentary confirmation,” the copyright complaint claims. “Notwithstanding such notice, the Defendant continued to carry, market, broadcast and profit from the Prime Asia signal for multiple broadcast cycles.”
APNA alleges that, since it launched Prime Asia on October 1, 2019, Telus has been broadcasting the content until it stopped on June 30, 2025, “not as remediation, but as a tacit acknowledgement of its prior unlawful conduct and exposure to liability,” the complaint reads.
A Telus spokesperson told Cartt that, “The claim has no merit and is unfounded. We intend to defend ourselves vigorously. As the matter is before the courts, we have no further comment at this time.”
APNA is asking the court to order Telus to provide a full accounting and production of all records relating to digital basic subscribers, paid subscription, carriage, advertising, sublicensing, and all revenue derived from the Prime Asia signal since it started retransmitting. It alleges Telus made approximately $250,000 in annual fees from the unauthorized carriage.
It is also demanding the maximum amount allowed for commercial infringement under copyright law: $20,000 per infringed work, which works out to a total of $504 million – factoring the number of programs Telus allegedly broadcast per day over the nearly six-year period.
“Defendant’s continued infringement after receiving explicit notice and documentary proof of plaintiff’s exclusive rights strongly supports an award of statutory damages at the higher end of the scale,” the complaint pleads.
It is also asking for punitive and exemplary damages of $1 million for Telus’s alleged “conscious, reckless and profit-driven disregard of plaintiff’s rights” and an order for Telus to not retransmit Prime Asia programming without APNA’s prior written authorization.
