The defendants moved for leave to amend their statement of defence and add a counterclaim for patent infringement against the plaintiff and several proposed defendants by counterclaim.
The plaintiff and proposed defendants opposed the amendments, arguing they were statute-barred and legally untenable.
The court granted leave to amend the defence and add the counterclaim against most of the proposed defendants, finding the amendments were not clearly statute-barred and met the low evidentiary threshold.
However, the court dismissed the motion to add one proposed defendant, Crystal, as the proposed pleading failed to allege any infringing activity within Canada.
