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The court partly granted leave to amend a civil claim in defamation and vicarious liability, but struck most new causes of action and dismissed the Diocese for lack of capacity.
Adverse inference drawn by trial judge was upheld as supported by evidence (testimony that original GVM code was in Visual Basic and was converted to C# to conceal it); the TCS Opportunities amendment pleaded a distinct factual matrix discovered by May 8, 2013 and added in September 2020, and is therefore a new cause of action brought outside the two-year limitation period and statute-barred; remedy is to reduce the damages award by the portion attributable to the TCS claim, resulting in a reduction from $750,000 to $518,659.26 plus prejudgment interest and awarding costs of appeal to appella…
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The court struck the jury notice in a copyright case, holding that the Release was the principal issue and that the trial would require complex document and video analysis.
Post-judgment reasons in Equustek v. Jack addressing copyright damages, future loss, disgorgement, punitive damages, special costs, and costs.
The court granted leave to add parties and most amendments, but refused breach of confidence claims against the Cineflix defendants, derivative-program claims, and relief against unidentified others.
The trial judge did not err in principle or make a palpable and overriding error: he applied a flexible, fact-driven valuation combining willing buyer/willing seller and depreciation approaches, properly discounted the appellant’s expert opinion because key assumptions lacked evidentiary support, and correctly concluded punitive damages were not warranted; the Court of Appeal therefore dismissed the appeal and upheld the $125,000 compensatory award and refusal of punitive damages.
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The court found Peter Walker was not a fiduciary and did not misuse confidential information, but he failed to give reasonable notice of resignation. A property transfer to Tracy Walker was void as against Consbec.
The Court of Appeal granted leave to appeal and a partial stay of an interlocutory injunction, allowing BMS Specialty to keep serving eight former SRI clients pending appeal.
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