The applicant brought an application under Rule 14.05(3) seeking declarations concerning the ownership of patent applications related to a product developed under a Consulting Agreement.
The respondents brought a motion to stay the application, arguing that a different agreement with an Alberta forum selection clause applied, and that material facts were in dispute making the matter unsuitable for an application.
The court dismissed the motion to stay, finding it premature to determine whether the issues were suitable for an application or if the forum clause applied before the application record was complete, allowing the motion to be renewed at the hearing of the application.
