Zeidman

The plaintiff moved to vary an existing interlocutory injunction to explicitly prohibit the defendants from selling a new software product, FireWire.

The plaintiff alleged that FireWire, like its predecessor FireCat, contained source code and database schema copied from the plaintiff's SilverEye software.

The court found a substantial issue to be tried regarding the alleged copying and varied the injunction to include FireWire in the Canadian market.

The court declined to expand the injunction to the United States market, finding no irreparable harm.

The plaintiff software developer sought an interlocutory injunction against a former employee and her company, alleging they breached confidentiality agreements and infringed copyright by developing competing software using the plaintiff's source code.

The court found a serious issue to be tried and that the plaintiff would suffer irreparable harm from the loss of its Canadian market share.

The court granted an injunction restraining the defendants from selling their software to new clients in Canada pending trial, but allowed them to continue servicing existing clients to balance the convenience and maintain the status quo.

The defendants were also ordered to provide a monthly accounting of revenues.