Court File and Parties

Court File No.: CV-13-489732
Date: 2014-02-10
Superior Court of Justice – Ontario

Re: TCS Forensics Limited, Plaintiff

And: Ethical Solutions Providers Inc., Defendant

Before: Low J.

Counsel:
Robert W. Trifts, for the Plaintiff
James A. Round, for the Defendant

Heard: Costs Submissions in Writing

Costs Endorsement

[1] The motion for injunctive relief came on for hearing on two dates: on September 25, 2013 on an interim basis, and on January 15, 2014.

[2] As to the main relief sought, there was essentially no opposition. The plaintiff sought access to data and the defendant did not oppose. The dispute between these parties centred on payment of invoices from the defendant to the plaintiff, both on the initial hearing and on the return on the motion.

[3] On the initial hearing, the issue boiled down to a question of whether the plaintiff was prepared to come with clean hands. The plaintiff sought injunctive relief but was not prepared to pay its obligations to the defendant voluntarily. It required an order of the court. In this, the defendant was successful.

[4] On the return of the motion, the question centred on the legitimacy of the defendant’s invoices to the plaintiff following the initial court order. The original order requiring payment of invoices was premised on the legitimacy of future invoices and to the extent that a reasonable argument could be advanced that the defendant’s post-order invoices were not legitimate, the order contemplated variation. In this, the plaintiff was successful.

[5] Success was divided. There will be no costs.

Low J.

Date: February 10, 2014