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Application dismissed on costs allocation. The court refused Sanderson and Bullock orders, found the threshold met for some defendants but not others, and left ordinary costs to follow success.
Application dismissed because applicant failed to meet the Aker criteria: it did not establish relevance, necessity, that evidence is not otherwise obtainable, reasonable specificity of documents, or that compliance would not be unduly burdensome; enforcement would risk public policy concerns including lack of implied undertaking safeguards and disproportionate burden on respondents, and the Court declined to exercise its discretion to enforce or amend the letters rogatory.
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The motion was dismissed because the plaintiff failed to specify the confidentiality order sought and thus failed to meet the evidentiary burden on a balance of probabilities required to displace the open court principle or to justify modification of disclosure; the court also found the plaintiff's affidavits and shifting positions undermined its entitlement to relief.
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The court dismissed a defence application for further particulars, finding the pleadings and litigation history already gave sufficient notice of the case.
Master Muir dealt with competing interlocutory applications over document production and pleading amendments in a trade secrets dispute. He required a better privilege list and log-file guidance, but refused further discovery relief and the digital-infrastructure amendment.
The application to strike failed because CKF's Statement of Claim could not be shown to be 'plain and obvious' to fail; declaratory relief was available and tied to an actual dispute; the CJPTA balancing factors (convenience of witnesses, law to be applied, avoidance of multiplicity/conflicting decisions, enforceability, and overall fairness) favour Nova Scotia as the more appropriate forum; section 13 of the 1957 Agreement was not proven to be an exclusive clause that compels dismissal or transfer.
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Application for a quia timet interlocutory injunction dismissed. The court held XY had not shown an imminent threatened misuse or disclosure of confidential information.
Leave to appeal was dismissed after the court found no arguable basis to interfere with the refusal of interlocutory injunctions against the CFIA.
Undertakings 9 and 12 have been answered and no further production is required except that if the plaintiff retains a copy of the attempted e-mail referenced in undertaking 9 it must be produced; the court refused to order unrestricted production of Mr. Chisholm's marketing files (undertaking 15) at this stage because disclosure would cause irreparable competitive harm, and the court exercises its discretion to require any necessary disclosure to be governed by a protective confidentiality regime and invited counsel to propose terms and procedures, including possible disclosure to experts and…
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The court partly varied an interlocutory injunction, keeping restraints on confidential information but dissolving the part tied to a disputed GAPL distributorship opportunity.
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