Tremblay v. Orio Canada Inc.

Tremblay v. Orio Canada Inc.

Leave to amend was granted because the proposed amendments were not plainly bound to fail and were necessary to define the real issues raised by discovery; production of the requested client lists, invoices and contracts was ordered as relevant to identifying witnesses and calculating damages and the defendant failed to show unusual circumstances to exclude the plaintiff from access, so a protective order including the plaintiff must be agreed and the documents produced accordingly; continuation of examination for discovery was permitted within set time limits.

Citation
2011 FC 1437
Parties
Plaintiff / Defendant by Counterclaim: Doris Tremblay; Defendant / Plaintiff by Counterclaim: Orio Canada Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
7 December 2011
Procedural Posture
Copyright Infringement (software) / Motion for Leave to Amend Pleadings and Ruling on Production Objections (pre Trial Discovery)
Outcome
Motion to amend allowed; production of specified documents ordered with a protective order that includes the plaintiff; continuation of discovery permitted.
Legal Topics
Copyright Ownership, Amendment of Pleadings, Production of Documents, Protective Order, Examination for Discovery
Source Language
English
Intellectual Property Copyright Civil Procedure Discovery Confidentiality/protective Orders Copyright Ownership Amendment of Pleadings Production of Documents +2 more

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Parties

Doris Tremblay

Plaintiff / Defendant by Counterclaim

Orio Canada Inc.

Defendant / Plaintiff by Counterclaim

Procedural Posture

Copyright Infringement (software) / Motion for Leave to Amend Pleadings and Ruling on Production Objections (pre Trial Discovery)

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to amend the statement of claim to allege unauthorized copying and installation of source code by a third party
  2. 2 Whether the defendant must produce client lists, invoices and contracts and whether such documents may be disclosed to the plaintiff personally or only to his counsel
  3. 3 Whether the defendant established 'unusual circumstances' to exclude the plaintiff from access to produced documents

Ratio Decidendi

Leave to amend was granted because the proposed amendments were not plainly bound to fail and were necessary to define the real issues raised by discovery; production of the requested client lists, invoices and contracts was ordered as relevant to identifying witnesses and calculating damages and the defendant failed to show unusual circumstances to exclude the plaintiff from access, so a protective order including the plaintiff must be agreed and the documents produced accordingly; continuation of examination for discovery was permitted within set time limits.

Court Disposition

Motion to amend allowed; production of specified documents ordered with a protective order that includes the plaintiff; continuation of discovery permitted.

Orders

  • Authorize plaintiff to amend statement of claim in accordance with draft enclosed with plaintiff's November 30, 2011 letter, by serving and filing amended statement of claim on or before December 13, 2011.
  • Authorize parties to subsequently amend pleadings as a result in accordance with time limits in the Federal Courts Rules.