dTechs EPM Ltd. v. British Columbia Hydro & Power Authority

dTechs EPM Ltd. v. British Columbia Hydro & Power Authority

Protective orders are sui generis and distinct from Rule 151 confidentiality/sealing orders; where documents were treated as confidential, accumulated with an expectation of confidentiality and on a balance of probabilities disclosure would likely harm proprietary/commercial interests, a protective order governing discovery is warranted. The defendants met that threshold and the Court granted the protective order set out in the motion.

Citation
2019 FC 539
Parties
Plaintiff/defendant by Counterclaim: DTECHS EPM LTD.; Defendants/plaintiffs by Counterclaim: BRITISH COLUMBIA HYDRO AND POWER AUTHORITY; Defendants/plaintiffs by Counterclaim: AWESENSE WIRELESS INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
29 April 2019
Procedural Posture
Patent Infringement / Pre Discovery; Motion for Protective Order (case Management)
Outcome
Protective order granted
Legal Topics
Protective Orders, Confidentiality Orders, Implied Undertaking, Discovery Procedure, Open Court Principle, Trade Secrets
Source Language
English
Intellectual Property Civil Procedure Evidence/discovery Confidentiality Law Protective Orders Confidentiality Orders Implied Undertaking Discovery Procedure +2 more

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Parties

DTECHS EPM LTD.

Plaintiff/defendant by Counterclaim

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY

Defendants/plaintiffs by Counterclaim

AWESENSE WIRELESS INC.

Defendants/plaintiffs by Counterclaim

Procedural Posture

Patent Infringement / Pre Discovery; Motion for Protective Order (case Management)

Legal Issues

  1. 1 Whether a protective order governing handling of confidential discovery materials should be granted
  2. 2 Whether the Sierra Club two-part test for sealing/confidentiality orders applies to protective orders governing discovery
  3. 3 Whether the implied undertaking rule and/or protective agreements are adequate to protect commercially sensitive information

Ratio Decidendi

Protective orders are sui generis and distinct from Rule 151 confidentiality/sealing orders; where documents were treated as confidential, accumulated with an expectation of confidentiality and on a balance of probabilities disclosure would likely harm proprietary/commercial interests, a protective order governing discovery is warranted. The defendants met that threshold and the Court granted the protective order set out in the motion.

Court Disposition

Protective order granted

Orders

  • Protective order in the form set out in Schedule A to the Notice of Motion is granted