The appellants appealed a motion judge's decision striking their statement of claim against the respondents, who were patent agents for the appellants' competitors.
The Court of Appeal upheld the motion judge's finding that the statement of claim disclosed no viable causes of action.
The court found no fiduciary duty or duty of care owed by the respondents to the appellants, no basis for a constructive trust, no pleaded conspiracy, no conversion, and no statutory cause of action for false statement since the respondents were not competitors.
The appeal was dismissed with costs.
