Plaintiff
Defendant
- Parties: The plaintiff was CRB Consulting Inc. The defendants were Massage Addict Incorporated and 2798639 Ontario Inc. o/a MassageAddict Applewood.
- Subject Matter: The plaintiff brought a patent infringement action claiming rights in Canadian patent 2,636,116, which related to a method and apparatus for providing compensation for therapeutic treatments. The plaintiff alleged that Massage Addict Incorporated, a franchisor of clinics offering various therapeutic services, and a franchisee infringed the patent directly and by inducement. The defendants’ motion for security for costs included an affidavit of a private investigator who conducted searches to locate and identify the plaintiff’s assets.
- Ruling: The court ruled in the defendants’ favour and ordered the plaintiff to provide security for the defendants’ costs of $25,000 within 30 days of the date of this order and of $25,000 at least 30 days before the first day of oral examinations for discovery under r. 416(2) of the Federal Courts Rules, SOR/98-106. The court otherwise dismissed the defendants’ motion. The court noted that the defendants met their initial burden on this motion.
- Date: The hearing was set on Nov. 8, 2023. The court released its decision on Nov. 10, 2023.
- Venue: This was a federal case before the Federal Court.
- Amount: The court ordered the plaintiff to pay the defendants the costs of the plaintiff’s motion for production of documents, fixed at $1,250, and the costs of the defendants’ motion for security for costs, fixed at $1,250.
Court
Federal CourtCase Number
T-576-23Practice Area
Intellectual propertyAmount
$ 52,500Winner
DefendantTrial Start Date
20 March 2023Download documents