Robbins & Myers Canada, Ltd. v. Torque Control Systems Ltd.

Robbins & Myers Canada, Ltd. v. Torque Control Systems Ltd.

The judge concluded the prothonotary was not clearly wrong: a previous solicitor-client relationship sufficiently related to the current matter existed, it is to be inferred that relevant confidential information was imparted to Everitt, and Ridout failed to show adequate measures to prevent misuse; therefore Everitt and Ridout are disqualified and the defendants' motion to set aside the prothonotary's order is dismissed.

Citation
2008 FC 332
Parties
Plaintiff: Robbins & Myers Canada, Ltd.; Defendant: Torque Control Systems Ltd.; Defendant: Andrew Wright
Court
Federal Court
Jurisdiction
Canada
Judgment Date
12 March 2008
Procedural Posture
Patent Infringement; Motion to Set Aside Prothonotary Order (rule 51) / Judge Review of Prothonotary's Disqualification Order
Outcome
Defendants' motion dismissed; prothonotary's disqualification order upheld
Legal Topics
Solicitor Client Privilege, Disqualification of Counsel, Conflict of Interest, Waiver, Delay, Screening Measures
Source Language
English
Intellectual Property Patent Law Professional Responsibility Civil Procedure Conflict of Interest Solicitor Client Privilege Disqualification of Counsel Waiver +2 more

Case Brief

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Parties

Robbins & Myers Canada, Ltd.

Plaintiff

Torque Control Systems Ltd.

Defendant

Andrew Wright

Defendant

Procedural Posture

Patent Infringement; Motion to Set Aside Prothonotary Order (rule 51) / Judge Review of Prothonotary's Disqualification Order

Legal Issues

  1. 1 Whether a previous solicitor-client relationship sufficiently related to the current retainer existed
  2. 2 Whether relevant confidential information was likely imparted to the lawyer
  3. 3 Whether the firm (Ridout) could act despite the tainted lawyer by adequate screening measures

Ratio Decidendi

The judge concluded the prothonotary was not clearly wrong: a previous solicitor-client relationship sufficiently related to the current matter existed, it is to be inferred that relevant confidential information was imparted to Everitt, and Ridout failed to show adequate measures to prevent misuse; therefore Everitt and Ridout are disqualified and the defendants' motion to set aside the prothonotary's order is dismissed.

Court Disposition

Defendants' motion dismissed; prothonotary's disqualification order upheld

Orders

  • Defendants' motion dismissed with costs awarded to the plaintiff