Liu v. Matrikon inc.

Liu v. Matrikon inc.

Summary judgment was dismissed because the record contained disputed or insufficiently established facts and credibility issues that required a trial; however, security for costs was ordered because of an outstanding unpaid costs order from the Alberta proceedings and prior factual findings that the plaintiff concealed funds, making an order for staged security for costs appropriate.

Citation
2008 FC 279
Parties
Plaintiff: Dan Yang LIU; Defendant: MATRIKON INC.; Defendant: NIZAR SOMJI; Defendant: GRAHAM GOODWIN; Defendant: RICK MIDDLETON; Defendant: JAMES WELSH; Defendant: GREG ADAMS; Defendant: UNIVERSITY OF NEWCASTLE; Defendant: THE ATTORNEY GENERAL OF CANADA
Court
Federal Court
Jurisdiction
Canada
Judgment Date
29 February 2008
Procedural Posture
Civil Action — Intellectual Property (copyright/trade Secrets) and Tort (negligence); Motion for Summary Judgment / Motion for Summary Judgment Under Federal Courts Rules Decided on Written Materials; Order for Security for Costs Issued
Outcome
Motion for summary judgment dismissed in part; motion allowed in part to order security for costs; no costs awarded given mixed result.
Legal Topics
Summary Judgment, Limitation Period, Security for Costs, Copyright, Trade Secrets, Jurisdiction
Source Language
English
Civil Procedure Intellectual Property Tort (negligence) Costs and Security Summary Judgment Limitation Period Security for Costs Copyright +2 more

Case Brief

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Parties

Dan Yang LIU

Plaintiff

MATRIKON INC.

Defendant

NIZAR SOMJI

Defendant

GRAHAM GOODWIN

Defendant

RICK MIDDLETON

Defendant

JAMES WELSH

Defendant

GREG ADAMS

Defendant

UNIVERSITY OF NEWCASTLE

Defendant

THE ATTORNEY GENERAL OF CANADA

Defendant

Procedural Posture

Civil Action — Intellectual Property (copyright/trade Secrets) and Tort (negligence); Motion for Summary Judgment / Motion for Summary Judgment Under Federal Courts Rules Decided on Written Materials; Order for Security for Costs Issued

Legal Issues

  1. 1 Whether the plaintiff disclosed a valid cause of action against the Attorney General of Canada
  2. 2 Whether the Federal Court has jurisdiction over the non‑Crown defendants
  3. 3 Whether the claim against the Crown is time‑barred by the Limitations Act (Alberta)

Ratio Decidendi

Summary judgment was dismissed because the record contained disputed or insufficiently established facts and credibility issues that required a trial; however, security for costs was ordered because of an outstanding unpaid costs order from the Alberta proceedings and prior factual findings that the plaintiff concealed funds, making an order for staged security for costs appropriate.

Court Disposition

Motion for summary judgment dismissed in part; motion allowed in part to order security for costs; no costs awarded given mixed result.

Orders

  • The motion for summary judgment is dismissed.
  • The Plaintiff shall post security for costs in the amount of $10,000.00 for the costs of the Defendant, the Attorney General of Canada, up to the completion of pre-trial and pre-hearing procedures.