Microsoft Corp. v. 9038-3746 Quebec Inc.

Microsoft Corp. v. 9038-3746 Quebec Inc.

The appeal was dismissed because the moving party failed to show the Prothonotary's exercise of discretion was clearly wrong or that the discovery questions were irrelevant; the relevancy test is broad and the Prothonotary was entitled to find defendants' conduct obstructive justifying costs; therefore the Prothonotary's order and costs award stand, and the appeal is dismissed with costs fixed at $3,943.75.

Citation
2005 FC 1144
Parties
Plaintiff (responding Party): Microsoft Corporation; Defendant (moving Party): 9038-3746 Quebec Inc.; Defendant (moving Party): 9014-5731 Quebec Inc.; Defendant (moving Party): Maria Pellizzi Cerrelli; Defendant (moving Party): Adam Cerrelli; Defendant (moving Party): Carmelo Cerrelli; Defendant (moving Party): Her Majesty the Queen in Right of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
23 August 2005
Procedural Posture
Copyright and Trade Mark Infringement (alleged Counterfeit Software) / Motion to Appeal Prothonotary's Discovery and Costs Order
Outcome
Motion to appeal dismissed; costs awarded to plaintiff
Legal Topics
Copyright Infringement, Trade Mark Infringement, Examinations for Discovery, Relevancy of Discovery Questions, Costs Assessment, Standard of Review for Prothonotary
Source Language
English
Intellectual Property Civil Procedure Discovery Costs Copyright Infringement Trade Mark Infringement Examinations for Discovery Relevancy of Discovery Questions +2 more

Case Brief

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Parties

Microsoft Corporation

Plaintiff (responding Party)

9038-3746 Quebec Inc.

Defendant (moving Party)

9014-5731 Quebec Inc.

Defendant (moving Party)

Maria Pellizzi Cerrelli

Defendant (moving Party)

Adam Cerrelli

Defendant (moving Party)

Carmelo Cerrelli

Defendant (moving Party)

Her Majesty the Queen in Right of Canada

Defendant (moving Party)

Procedural Posture

Copyright and Trade Mark Infringement (alleged Counterfeit Software) / Motion to Appeal Prothonotary's Discovery and Costs Order

Legal Issues

  1. 1 Whether the Prothonotary exceeded his discretion in ordering defendants to answer discovery questions
  2. 2 Whether questions in Schedule D were relevant and properly within discovery scope
  3. 3 Whether non-parties or affiliated entities may be compelled for information

Ratio Decidendi

The appeal was dismissed because the moving party failed to show the Prothonotary's exercise of discretion was clearly wrong or that the discovery questions were irrelevant; the relevancy test is broad and the Prothonotary was entitled to find defendants' conduct obstructive justifying costs; therefore the Prothonotary's order and costs award stand, and the appeal is dismissed with costs fixed at $3,943.75.

Court Disposition

Motion to appeal dismissed; costs awarded to plaintiff

Orders

  • Motion by the defendants to appeal the Order of Prothonotary Lafreniere dated July 19, 2005 is dismissed with costs in the amount of $3,943.75 to the Plaintiff, payable forthwith in any event of the cause.