Core Issue: Dr. Olkowski alleged contempt of court by Nano-Green and Kunkel for breaching Rule 5.33 of Alberta's Rules of Court (Implied Undertaking Rule) by using discovery materials in disciplinary complaints against him at the University of Saskatchewan.

Key Applications and Decisions

1. Contempt of Court:

   • Allegations: Nano-Green used information from litigation discovery in a university disciplinary hearing.
   • Ruling: The court found Nano-Green and Kunkel breached Rule 5.33 but imposed no immediate penalty, leaving sanctions to the trial judge.

2. Dismissal of Nano-Green’s Counterclaim:

   • Limitations Act: Dr. Olkowski argued the counterclaim was time-barred. The court rejected this argument, finding that some allegations fell within permissible timeframes.
   • University of Saskatchewan Act: Dr. Olkowski’s claim of immunity under Section 80 of this Act was dismissed as unrelated to his university employment.

3. Nano-Green’s Applications:

   • Patent Prosecution Claim: Struck as it related to hypothetical claims best addressed in Federal Court.
   • Overlap with Saskatchewan Action: Nano-Green sought to strike parts of the Alberta claim as duplicative of the Saskatchewan defamation suit. The court declined to strike but limited the scope of certain claims to non-defamation torts.

4. Privilege Defenses:

   • The court acknowledged potential defenses of qualified or absolute privilege for shareholder communications and the university complaint but reserved rulings on their applicability to trial.

Costs and Observations

• Costs were awarded to Dr. Olkowski for his contempt application, while other cost decisions were deferred.
• The court criticized prolonged pre-trial delays and encouraged a focus on preparing the case for trial.