2 total
Leave to amend defence and add counterclaim granted, except against one party lacking Canadian nexus.
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.
Court declines to order mediation for unwilling commercial parties and issues case management directions.
A case conference endorsement in a commercial dispute over a $10 million commission.
The plaintiff sought to proceed to mediation, which the defendants opposed.
The court declined to order mediation for unwilling commercial parties, noting it would waste time and money.
The court issued general case management directions and specific deadlines for the examination for discovery of a third party and for the defendants to answer overdue undertakings.
