- Parties: The appellants were Seismotech Safety Systems Inc. and Seismotech IP Holdings Inc. The respondents were Apple Canada Inc., Apple Inc., and Ecobee Technologies ULC. 

- Subject Matter: The appellants launched two simplified actions against unidentified consumers who bought and installed smart thermostats in their homes that allegedly infringed certain patents that they owned. The appellants alleged that over 75 brands and models of smart thermostats – made by Canadian (Federal Court file T-1147-23) and foreign (Federal Court file T-1148-23) manufacturers – infringed their patents. Ecobee Technologies ULC, one of the Canadian manufacturers, received party status as a defendant on Oct. 5, 2023. The appellants moved for a Norwich order relating to the simplified actions. On Dec. 7, 2023, the motion judge of the Federal Court dismissed the motion. 

- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal. The appeal court held that the motion judge committed no reviewable error on the law or on the facts in concluding that the public interest in access to justice outweighed the public interest in favour of disclosure in the circumstances of this case. 

- Date: The hearing was set on Sept. 12, 2024. The court released its decision on Dec. 2, 2024. 

- Venue: This was a federal case before the Federal Court of Appeal. 

- Amount: The appeal court awarded costs in this appeal to both respondents, to be calculated in accordance with column III of the table to Tariff B of the Federal Courts Rules, S.O.R./98-106.