A legal representative for the producers behind Russians at War has warned TVO of potential legal action if the Ontario pubcaster doesn’t reverse a decision from the board of directors to pull support for the documentary.

Toronto-based entertainment law firm Hall Webber LLP issued a letter to the TVO board of directors and executive management on Thursday (Sept. 19), obtained by Playback Daily. A failure to reinstate TVO’s broadcast commitment will force producers to “pursue all legal remedies, including claims for breach of contract, defamation, and damages associated with the loss,” according to the letter.

The letter states TVO’s alleged breach of contract jeopardizes the producers’ funding from Canada Media Fund (CMF), as it was contingent on the film having a broadcast licence. It demands the immediate reinstatement of TVO’s commitment to broadcast, or to otherwise cooperate with the filmmakers in licensing the film to another broadcaster or SVOD platform.

Aside from the alleged reputational damage, the letter states that should the producers lose CMF funding, TVO will be held accountable for the full financial impact, including any damages caused as a result of the project’s disruption. Hall Webber has provided a deadline of 10 business days.

Playback Daily reached out to TVO, but did not receive comment at press time.

The Canada-France production follows Russian-Canadian director-producer Anastasia Trofimova as she embeds herself for seven months in a group of Russian troops near the front line in Ukraine.

The film garnered widespread criticism from the Ukrainian-Canadian community ahead of its planned North American premiere at the Toronto International Film Festival (TIFF) for its depiction of Russian soldiers, with the Ukrainian Canadian Congress alleging the film is “Russian propaganda.” Among the political figures who have voiced criticism of the film are Deputy Prime Minister Chrystia Freeland and Oleh Nikolenko, consul general of Ukraine in Toronto.

“It’s not right for Canadian public money to be supporting the screening and production of a film like this,” said Freeland previously.

The filmmakers have stated the production involved no Russian funding, or government support, knowledge or participation.

Chris Day, chair of TVO’s board of directors, issued a statement on Sept. 10 that TVO would no longer be supporting or airing the doc.

“We have listened to the Ukrainian-Canadian community and their thoughtful and heartfelt input,” said Day. “TVO will no longer be supporting or airing Russians at War. TVO will be reviewing the process by which this project was funded and our brand leveraged.”

TIFF had initially planned to screen the documentary on Sept. 13, but issued a statement the day before the premiere (Sept. 12) that it was “forced to pause” due to “significant threats to festival operations and public safety.” The Festival later rescheduled the North American premiere to Sept. 17.

Jane Jankovic, the former executive producer of documentaries at TVO following her retirement, earlier issued a statement to Playback Daily regarding the TVO board decision.

“The documentary Russians at War has itself become a casualty. The horror and criminality of the Russian invasion into Ukraine cannot be overstated. It is deplorable,” she said. “But it is alarming that opponents of the film, without watching it, were able to influence decisions that prevent the film from being seen.”

Russians at War is produced by Canada’s Raja Pictures and Paris-based prodco CAPA Presse (Films à Cinq). Sally Blake and Philippe Levasseur produce for CAPA Presse and Cornelia Principe is a producer for Raja Pictures.

Photo by Anastasia Trofimova