The plaintiff, Digital Business Systems Inc. (DBS), sought costs on a substantial indemnity scale following the settlement of its motion for injunctive relief against the defendants, Documents XMA Inc., Jean-Francois Roberge, and Cynthia Martin.
The motion concerned alleged breaches of a mutual non-solicitation agreement and misuse of confidential information after a former DBS employee joined XMA.
The court found DBS had a strong prima facie case, the defendants' pre-litigation conduct was egregious, and DBS achieved significant success on the substantive issues.
The court awarded DBS costs on a substantial indemnity scale, fixed at $28,395, payable forthwith.
