1. 2024 ONSC 6249 Decision:

   • The Ontario Superior Court partially enforced the U.S. Letters Rogatory seeking evidence for a class action in Illinois.
   • Modiface, a non-party to the U.S. litigation, was ordered to provide its augmented reality (AR) source code in compiled and obfuscated form rather than unaltered source code. This addressed confidentiality concerns and the risk of exposing proprietary information.
   • Modiface also had to submit to a deposition, with procedural protections per Ontario law.
   • The court emphasized the principle of comity but ruled that unaltered source code was unnecessary and against Canadian public policy.

2. 2025 ONSC 174 Costs Decision:

   • Costs were awarded to Modiface as the largely successful party.
   • The Applicants were ordered to pay Modiface $150,000, inclusive of compliance and litigation costs.
   • Modiface’s costs claim was reduced for proportionality and reasonableness, reflecting the narrower scope of its obligations under the 2024 ruling.

Final Outcome:

• Modiface avoided the release of unaltered source code while bearing no costs of compliance or application litigation.
• Applicants received limited discovery but bore significant cost liabilities due to the restricted outcome.