Evertz Technologies v. Lawo AG
Evertz Technologies Limited
Law Firm / Organization
Orr Taylor LLP
Evertz Microsystems Limited
Law Firm / Organization
Orr Taylor LLP
Providius Corp.
Law Firm / Organization
McCarthy Tétrault LLP
Tony Zare (a/k/a Antony Zarezadeqan)
Law Firm / Organization
McCarthy Tétrault LLP
Ayman Al Khatib
Law Firm / Organization
McCarthy Tétrault LLP
Jackson Wiegman
Law Firm / Organization
McCarthy Tétrault LLP
Lawo AG
Law Firm / Organization
Gowling WLG (Canada) LLP
Lawo Holding AG
Law Firm / Organization
Gowling WLG (Canada) LLP
Lawo Inc.
Law Firm / Organization
Gowling WLG (Canada) LLP
Lawo Group USA, Inc.
Law Firm / Organization
Gowling WLG (Canada) LLP
Lawo Corp.
Law Firm / Organization
Gowling WLG (Canada) LLP
Albert Faust
Law Firm / Organization
Gowling WLG (Canada) LLP
  • Background: Evertz Technologies initiated legal action against Lawo AG and others (Lawo Defendants) and Providius Corp and individual defendants (Providius Defendants), alleging misappropriation of confidential information and conspiracy to build a competing product line.
  • Settlement: Evertz settled with Lawo Defendants, seeking to discontinue the action against them and amend claims to focus solely on Providius Defendants.
  • Dispute: The main issue concerned the use and disclosure of Settlement Agreements post-discontinuance against Lawo Defendants, with Evertz seeking to maintain confidentiality and Providius Defendants seeking access for their forthcoming legal action against Evertz and Lawo.
  • Court's Decision: The court dismissed Evertz's request to continue the confidentiality provisions, ruling that maintaining them would unfairly hinder Providius Defendants' ability to pursue their claim and achieve a fair trial. No financial terms were specified.

Key Points:

  • Evertz's Position: Argued for continued confidentiality of Settlement Agreements to protect commercial interests and promote settlement.
  • Providius Defendants' Stance: Opposed extended confidentiality, arguing it would prevent them from pursuing justice and disclosing relevant settlement terms in their planned action.
  • Legal Principles Applied: Consideration of settlement privilege and exceptions, balancing public interest in settlement against fairness and open justice in ongoing litigation.
  • Outcome: Court prioritized the need for a fair trial for Providius Defendants over the confidentiality interests of Evertz, allowing the terms of the Settlement Agreements to be disclosed in subsequent legal actions.
Superior Court of Justice - Ontario
CV-18-00597979-0000
Corporate & commercial law
Defendant