Michaud v. Soprema Inc.

Michaud v. Soprema Inc.

The Court allowed the defendant to amend its defence and counterclaim because the proposed amendments did not introduce a new cause of action, were not frivolous, and any prejudice to the plaintiffs could be compensated by costs; accordingly amendments permitted on a schedule protecting parties' rights and defendant ordered to pay costs of $4,500.

Citation
2001 FCT 1383
Parties
Plaintiff/cross Defendant: ROBERT MICHAUD; Plaintiff/cross Defendant: ADHÉSITECH INC.; Defendant/cross Plaintiff: SOPREMA INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
13 December 2001
Procedural Posture
Patent Infringement (canadian Patent No. 1,298,951) / Motion to Amend Defence and Counterclaim Under Rule 75 (pre Trial)
Outcome
Defendant's motion to amend granted; defendant ordered to pay costs of $4,500; amendments to be effected on a schedule protecting parties' rights
Legal Topics
Amendment of Pleadings, Examinations for Discovery, Costs, Patent Invalidity, Counterclaim
Source Language
English
Patent Law Intellectual Property Civil Procedure Amendment of Pleadings Examinations for Discovery Costs Patent Invalidity Counterclaim

Case Brief

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Parties

ROBERT MICHAUD

Plaintiff/cross Defendant

ADHÉSITECH INC.

Plaintiff/cross Defendant

SOPREMA INC.

Defendant/cross Plaintiff

Procedural Posture

Patent Infringement (canadian Patent No. 1,298,951) / Motion to Amend Defence and Counterclaim Under Rule 75 (pre Trial)

Legal Issues

  1. 1 Whether the defendant should be allowed to amend its defence and counterclaim under Rule 75
  2. 2 Whether the proposed amendments amount to a new cause of action
  3. 3 Whether the amendments would cause irreparable harm or uncompensable prejudice to the plaintiffs

Ratio Decidendi

The Court allowed the defendant to amend its defence and counterclaim because the proposed amendments did not introduce a new cause of action, were not frivolous, and any prejudice to the plaintiffs could be compensated by costs; accordingly amendments permitted on a schedule protecting parties' rights and defendant ordered to pay costs of $4,500.

Court Disposition

Defendant's motion to amend granted; defendant ordered to pay costs of $4,500; amendments to be effected on a schedule protecting parties' rights

Orders

  • Defendant permitted to amend its defence and counterclaim on a schedule protecting the rights of the parties
  • Defendant to pay costs of the motion and resulting pleadings in the amount of $4,500 (CAD)