Plaintiff
Defendant
Facts:
Skycope Technologies Inc., a company specializing in anti-drone technology, alleged that its employee, X.L., breached confidentiality by sharing proprietary information, including source code and protocols, with a competitor, BeamTrail, based in Abu Dhabi. Skycope’s technology had national security implications due to its use by the Canadian military. X.L. resigned in 2024, and the company discovered communications and confidential data in his personal email and cloud accounts.
Legal Issues:
Skycope sought an Anton Piller order (search and seizure) to preserve evidence, alleging breach of confidentiality and breach of contract. The main legal issues were whether X.L. misappropriated proprietary information, if an injunction was necessary to prevent further breaches, and whether X.L.'s actions posed a national security risk.
Anton Piller Order:
The court granted the Anton Piller order based on a strong prima facie case, convincing evidence that X.L. possessed confidential documents, and a real possibility of evidence destruction. The court also granted an interim injunction to prevent further use of the confidential information.
National Security Concerns:
The court highlighted that the disclosure of Skycope’s technology could harm Canadian interests, especially if it ended up in unfriendly foreign hands, such as those linked to Russia or China.
Costs:
The court did not mention a specific award or costs in favor of the successful party at this stage, but Skycope was allowed to proceed with the Anton Piller order and injunction to protect its interests.
Court
Supreme Court of British ColumbiaCase Number
S246016Practice Area
Intellectual propertyAmount
Winner
PlaintiffTrial Start Date
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