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The court dismissed an interim preservation application seeking to stop the RCMP and Coroner from dealing with suspected human remains seized from the Dominion Property.
The court granted an ex parte Anton Piller order, interim injunction, and sealing order to preserve evidence of alleged breach of confidence involving drone technology and national security concerns.
Although the motion did not meet the test for an emergency under CPR 28, on the merits the court granted a preservation order under CPR 42 because there is a serious issue to be tried, Capital would suffer irreparable harm from loss of evidence if the Main Building were demolished without opportunity to document remaining salvageable materials, and the balance of convenience favors granting limited access for up to five days since such access would not materially delay demolition or frustrate Public Works' statutory duties provided Capital acts diligently and reasonably.
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The court refused to stay a British Columbia action despite a Florida forum clause, allowed third-party notices against Gencor, and ordered particulars for claims against two employees.
The court deleted paragraph 2 of an ex parte injunction because it was unnecessary and confusing, but left intact restraints on trademark misuse and defamatory statements.
The court granted a without-notice Anton Piller order in a family law dispute, finding a strong prima facie case that assets were being concealed and removed.
The Federal Court refused to set aside an Anton Piller order in a private copying levy case, finding a strong prima facie case, serious harm, and risk of evidence destruction.
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