Kyle R. Taylor

The plaintiffs, Evertz Technologies Limited and Evertz Microsystems Limited, brought an action alleging theft of confidential information by former employees and competing businesses.

The defendants moved to strike the statement of claim in its entirety, arguing that the plaintiffs failed to provide sufficient particulars regarding the alleged confidential information, its misuse, and its incorporation into the defendants' products.

The court found that the statement of claim, even with supplemental particulars, did not meet the minimum level of material fact disclosure required for claims of misappropriation and misuse of confidential information.

Consequently, the statement of claim was struck out, but the plaintiffs were granted leave to serve an amended statement of claim within 30 days.

The defendants in a class action sought a pause in proceedings, including the adjournment of a certification motion, pending a Supreme Court of Canada judgment in *Toshiba Corporation v Godfrey*.

The SCC decision was expected to clarify key issues relevant to class certification in price-fixing cases, specifically regarding "umbrella purchasers" and the economic methodology for proving common impact for indirect purchasers.

The court granted the motion, finding that a temporary pause would prevent the need for redoing expert reports and ensure the certification motion was based on the most current state of the law, thereby promoting the expeditious and efficient conduct of the litigation.