Scammell v. Equitable Bank

Scammell v. Equitable Bank

Leave to amend was granted subject to a strict condition: EB must plead further particulars of the foreign law such that it states whether it relies on statutory or non‑statutory law, cites statutes and sections and summarizes their tenor/effect if statutory, or provides an epitome of non‑statutory law followed by related facts; the proposed amendment as drafted was insufficient to disclose a reasonable defence and therefore could not be allowed without those particulars.

Citation
2024 FC 1654
Parties
Plaintiff / Defendant by Counterclaim: Colleen Scammell; Defendant / Plaintiff by Counterclaim: Equitable Bank
Court
Federal Court
Jurisdiction
Canada
Judgment Date
21 October 2024
Procedural Posture
Patent Infringement; Counterclaim Concerning Licence and Standing; Motion to Amend Pleadings / Pre Summary Trial; Motion for Leave to Amend (case Management)
Outcome
Leave to amend granted subject to condition that EB include further particulars of the foreign law in its amended pleading; costs awarded to Ms. Scammell
Legal Topics
Amendment of Pleadings, Pleading Foreign Law, Rescission of Licence, Choice of Law, Admissibility of Affidavit Evidence, Costs
Source Language
English
Intellectual Property Civil Procedure Conflict of Laws Contract Law Amendment of Pleadings Pleading Foreign Law Rescission of Licence Choice of Law +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 18 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Colleen Scammell

Plaintiff / Defendant by Counterclaim

Equitable Bank

Defendant / Plaintiff by Counterclaim

Procedural Posture

Patent Infringement; Counterclaim Concerning Licence and Standing; Motion to Amend Pleadings / Pre Summary Trial; Motion for Leave to Amend (case Management)

Legal Issues

  1. 1 Whether EB's affidavit evidence is admissible on the motion and to what extent
  2. 2 Whether EB has pled sufficient material facts regarding applicable foreign law to disclose a reasonable defence
  3. 3 What remedy should be granted if the pleading of foreign law is deficient

Ratio Decidendi

Leave to amend was granted subject to a strict condition: EB must plead further particulars of the foreign law such that it states whether it relies on statutory or non‑statutory law, cites statutes and sections and summarizes their tenor/effect if statutory, or provides an epitome of non‑statutory law followed by related facts; the proposed amendment as drafted was insufficient to disclose a reasonable defence and therefore could not be allowed without those particulars.

Court Disposition

Leave to amend granted subject to condition that EB include further particulars of the foreign law in its amended pleading; costs awarded to Ms. Scammell

Orders

  • Equitable Bank granted leave to serve and file an Amended Reply to Defence to Counterclaim by October 29, 2024, provided the amended pleading includes further particulars of the foreign law in accordance with the Reasons
  • Order made without prejudice to any motion that may be brought by Ms. Scammell arising from EB filing an amended pleading in accordance with this Order