2 total
Patent Motion allowed
The defendants, Jiangsu Sainty Sumex Tools Corp. Ltd. and Canadian Tire Corporation, Limited, moved to set aside a default judgment granted against Jiangsu Sainty Sumex and its prior noting in default.
Canadian Tire also sought to set aside or vary the judgment, particularly its in rem declarations concerning intellectual property rights, arguing they were non-binding on Canadian Tire.
The default judgment was obtained by the plaintiff without notice to counsel for either defendant and without full disclosure of material facts to the court, including a Trademark Opposition Board decision against the plaintiff's claimed trademark, an expired patent, and ongoing discussions with the defaulting defendant's counsel.
The court found the plaintiff's conduct inappropriate and set aside the default judgment due to lack of notice and non-disclosure.
The noting in default for Jiangsu Sainty Sumex was also set aside, conditional on the defendant posting security for damages and costs, providing an affidavit of documents, and producing a witness for discovery, to ensure the matter proceeds to a full trial on the merits.
Partial summary judgment on product ownership upheld, but declaration of respondent's ownership struck absent counter-claim.
The appellant appealed a motion judge's decision granting partial summary judgment to the respondents on the issue of product ownership.
The Court of Appeal upheld the finding that there was no triable issue regarding the appellant's ownership of the product, noting the appellant's pleadings and a 1996 licensing agreement were inconsistent with ownership.
However, the Court allowed the appeal in part, striking the declaration that the respondent owned the product because the respondent had not filed a counter-claim.
