August 27, 2024:

• Case Context: Nova Oculus Canada Manufacturing ULC ("Nova") filed to disqualify Burnet, Duckworth & Palmer LLP (BDP) as counsel for MacuMira Medical Devices Inc. (MMD), alleging conflicts of interest, improper conduct, and misuse of confidential information.
• Key Findings:
  • The court determined there was no solicitor-client or "near-client" relationship between Nova and BDP.
  • The evidence did not support claims of improper conduct or conspiracy involving BDP.
  • BDP was not found to have received confidential information that could prejudice Nova.
  • The court declined to preemptively disqualify BDP based on speculation that its lawyer, Mr. Fridhandler, might be called as a witness.
• Outcome: Nova's application was dismissed. MMD was awarded costs, and Nova was required to pay.

November 27, 2024:

• Context: Following the first ruling, the parties disputed the costs MMD could recover.
• Key Findings:
  • Nova's claims were found to be aggressively argued but not frivolous or outrageous.
  • The court rejected MMD’s request for full solicitor-client costs ($75,952.01), as Nova’s conduct did not meet the high threshold for such awards.
  • MMD was awarded 50% of its reasonable legal fees and disbursements, with exact amounts to be determined by an Assessment Officer if not agreed upon.
• Outcome: MMD was granted partial indemnity costs reflecting the complexity and intensity of the litigation.

Final Outcome Based on Both Decisions:

• MMD successfully defended against the disqualification application and was awarded costs in both proceedings.
• The costs awarded were partially indemnified, recognizing MMD’s legitimate expenses but not penalizing Nova excessively for pursuing its claims. The exact amount ordered was not provided.