Del Ridge Homes Inc. v. Ledgemark Homes Inc.

Del Ridge Homes Inc. v. Ledgemark Homes Inc.

The Prothonotary applied the correct legal test for a CEO protective order and reasonably found Ledgemark's evidence showed only concern and speculation tied to acrimonious business relations, not a real, substantial and evidence‑grounded risk of misuse; therefore a counsel's eyes only designation was not justified and the appeal is dismissed.

Citation
2022 FC 566
Parties
Plaintiff (defendant by Counterclaim): Del Ridge Homes Inc.; Defendant (plaintiff by Counterclaim): Ledgemark Homes Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
20 April 2022
Procedural Posture
Trademark Infringement; Motion for Protective Order; Appeal Under Federal Courts Rules Rule 51 / Appeal From Prothonotary's Order (interlocutory/procedural)
Outcome
Appeal dismissed; Prothonotary's order refusing CEO designation upheld; costs awarded to respondent.
Legal Topics
Protective Order, Counsel's Eyes Only, Confidentiality, Implied Undertaking, Standard of Review, Interim Confidentiality
Source Language
English
Civil Intellectual Property Procedural Law Evidence Commercial Law Protective Order Counsel's Eyes Only Confidentiality +3 more

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Parties

Del Ridge Homes Inc.

Plaintiff (defendant by Counterclaim)

Ledgemark Homes Inc.

Defendant (plaintiff by Counterclaim)

Procedural Posture

Trademark Infringement; Motion for Protective Order; Appeal Under Federal Courts Rules Rule 51 / Appeal From Prothonotary's Order (interlocutory/procedural)

Legal Issues

  1. 1 Whether the Prothonotary applied the correct legal test for a counsel's eyes only protective order
  2. 2 Whether Ledgemark established a real, substantial and evidence‑grounded risk to justify counsel's eyes only designation
  3. 3 Whether an interim counsel's eyes only agreement between counsel survives the order and appeals

Ratio Decidendi

The Prothonotary applied the correct legal test for a CEO protective order and reasonably found Ledgemark's evidence showed only concern and speculation tied to acrimonious business relations, not a real, substantial and evidence‑grounded risk of misuse; therefore a counsel's eyes only designation was not justified and the appeal is dismissed.

Court Disposition

Appeal dismissed; Prothonotary's order refusing CEO designation upheld; costs awarded to respondent.

Orders

  • Appeal dismissed.
  • Costs awarded to Del Ridge Homes Inc. in the all‑inclusive amount of $2500 to be paid forthwith by Ledgemark Homes Inc.