Canada Case Law

Dempsey v. Pagefreezer Software Inc. and Riedijk

Court

Supreme Court of Nova Scotia

Permanent sealing was required because prior final sealing orders from British Columbia and appellate review in Nova Scotia created a serious risk to the important public interest of judicial comity if this Court file remained open; no reasonable less intrusive alternatives would address that risk because the refiled materials are intertwined and pervasive; and sealing is proportionate given the proceeding's enforcement stage where the underlying disputes are finally resolved.

Source excerpt

• Sealing order
• Open court principle
• Judicial comity
• Sherman estate test
• Discovery in aid of execution
• Costs assessment

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Equustek Solutions Inc. v. Jack

Court

Supreme Court of British Columbia

The court dismissed Google’s application to vary or set aside a worldwide interlocutory injunction aimed at delisting websites tied to the Datalink defendants.

• Trade secrets
• Extra-territorial injunctions
• Enforcement against intermediaries
• Communications decency act (cda)
• First amendment
• Forum and jurisdiction

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Ford v. F. Hoffmann-La Roche Ltd.

Court

Court of Appeal for Ontario

The appeal is dismissed because the facts did not establish a comity concern or overriding policy or fairness justification for injunctive or declaratory relief; gathering evidence in a foreign jurisdiction according to that jurisdiction's rules is permissible and compulsion in production does not by itself make the conduct improper; the US judge is best placed to determine any variation of the protective order, and cross-jurisdictional compliance can be achieved by conditioning variations on matching provincial superior court orders.

Source excerpt

• Foreign discovery
• Protective order
• Forum comity
• Access to evidence
• Injunctive relief

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