This decision focused on the examination of non-parties under Rule 6.8 and whether they were obligated to answer undertakings.
The court determined that non-party witnesses are not required to answer undertakings, distinguishing them from witnesses who swear affidavits.
Costs for this application were deferred to the judge handling the injunction-extension application.
2024 ABKB 533:
The application to extend a no-competition, no-solicitation, and confidentiality injunction was dismissed.
Key findings:
Two individual defendants were not bound by restrictive covenants as they had not signed the shareholder agreement.
Fiduciary duties for the respondents, if applicable, did not extend beyond 14 months.
Claims regarding confidential information were dismissed, as the information was deemed no longer confidential after public court filings.
The injunction was terminated, and costs were awarded to the respondents.
2025 ABKB 42:
Costs were awarded for the unsuccessful injunction-extension application.
Respondents sought $593,533.88 in costs (partial/full indemnity). The court awarded $65,000 to the respondents, inclusive of offsets for Great North's partial successes.
Enhanced costs were denied, as the court found no exceptional complexity, reprehensible conduct, or baseless litigation.
Final Outcome:
The interim injunction was not extended, and the respondents were awarded $65,000 in net costs, plus disbursements to be assessed separately.
