CRB Consulting Inc. v. Massage Addict Incorporated

CRB Consulting Inc. v. Massage Addict Incorporated

The investigator's file notes and report are protected by litigation privilege; there was no express waiver and no implied waiver based on fairness because the plaintiff had knowledge of its assets and the opportunity to file evidence; accordingly production is not required and the plaintiff's motion is dismissed.

Citation
2023 FC 1215
Parties
Plaintiff / Defendant by Counterclaim: CRB CONSULTING INC.; Defendant / Plaintiff by Counterclaim: MASSAGE ADDICT INCORPORATED; Defendant / Plaintiff by Counterclaim: 2798639 ONTARIO INC. O/A MASSAGEADDICT APPLEWOOD
Court
Federal Court
Jurisdiction
Canada
Judgment Date
8 September 2023
Procedural Posture
Patent Infringement; Motion for Security for Costs / Motion to Compel Production of Investigator File Notes and Report on Cross Examination (motion Within a Motion)
Outcome
Plaintiff's motion dismissed
Legal Topics
Patent Infringement, Security for Costs, Litigation Privilege, Waiver of Privilege, Production on Examination
Source Language
English
Intellectual Property Civil Procedure Evidence Privilege Patent Infringement Security for Costs Litigation Privilege Waiver of Privilege +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

CRB CONSULTING INC.

Plaintiff / Defendant by Counterclaim

MASSAGE ADDICT INCORPORATED

Defendant / Plaintiff by Counterclaim

2798639 ONTARIO INC. O/A MASSAGEADDICT APPLEWOOD

Defendant / Plaintiff by Counterclaim

Procedural Posture

Patent Infringement; Motion for Security for Costs / Motion to Compel Production of Investigator File Notes and Report on Cross Examination (motion Within a Motion)

Legal Issues

  1. 1 Whether the private investigator's file notes and report are protected by litigation privilege
  2. 2 Whether privilege was expressly or impliedly waived (fairness/consistency) by disclosure during cross-examination
  3. 3 Whether the court should inspect the documents to determine waiver

Ratio Decidendi

The investigator's file notes and report are protected by litigation privilege; there was no express waiver and no implied waiver based on fairness because the plaintiff had knowledge of its assets and the opportunity to file evidence; accordingly production is not required and the plaintiff's motion is dismissed.

Court Disposition

Plaintiff's motion dismissed

Orders

  • The plaintiff's motion is dismissed.
  • Costs of this motion will be determined following the adjudication of the defendants' motion for security for costs.