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Summary judgment granted dismissing breach of confidence and tortious interference claims due to lack of evidentiary foundation.
The defendant moved for summary judgment to dismiss the plaintiff's claim for breach of confidence and tortious interference with economic interests.
The court found no evidentiary foundation for the breach of confidence claim, noting that alleged confidential information (unsubmitted patent applications, supplier identities) was either not sufficiently identified, publicly available, or not misused by the defendant.
The tortious interference claim failed due to the absence of a third party.
The motion was granted, and the action dismissed with costs awarded to the defendant.
The court ordered the plaintiff to post $50,000 in security for costs due to its financial instability and lack of commercial activity.
The defendant brought a motion for security for costs against the plaintiff, arguing the plaintiff had insufficient assets in Ontario and evinced financial instability.
The plaintiff opposed, relying on its cash and cash equivalents.
The court found good reason to believe the plaintiff had insufficient assets, considering its acknowledged financial instability, lack of commercial activity, an outstanding judgment, and a pending breach of contract claim.
The motion was granted, and the plaintiff was ordered to post $50,000.00 as security for costs and pay $5,000.00 in costs for the motion.
