Nicholas Peter McHaffie

The plaintiff, Knowmadics, sought an interim injunction to restrain the defendants, Lisa Cinnamon and LDX Inc., from offering for sale and selling certain software ("cover app") and requiring its removal from their website.

Knowmadics alleged copyright infringement and breach of confidentiality agreements regarding software developed while Cinnamon was an employee and contractor.

The defendants claimed prior ownership of the cover app.

The court applied the three-part test for an interim injunction, finding a serious issue to be tried regarding ownership and NDA infringement, irreparable harm to Knowmadics due to customer confusion and devaluation of investment, and that the balance of convenience favored Knowmadics.

The motion for interim relief was granted.

The appellants appealed from the Court of Appeal's reversal of the CCAA court's decision regarding the priority of pension plan wind-up deficiency claims over court-ordered DIP financing charges.

The majority held that wind-up deficiencies under s. 75(1)(b) of the Pension Benefits Act were subject to a statutory deemed trust under s. 57(4), but that the deemed trust was superseded by the DIP charge by virtue of the doctrine of federal paramountcy.

The majority further held that while the employer-administrator breached its fiduciary duty by failing to ensure the pension plan beneficiaries had adequate notice and representation in the CCAA proceedings, a constructive trust was not an appropriate remedy because the breach did not result in an identifiable asset that it would be unjust for the wrongdoer to retain.