GE Renewable Energy Canada Inc v. Camec Industriel Inc, 2022 FC 1720
Associate Justice Tabib - 2022-12-14
Read full decision. Automatically generated summary:
The Defendant, Canmec and the Third Party, Rio Tinto bring this joint motion seeking an order bifurcating the proceeding so that the issues regarding the existence and the infringement of copyright proceed and be determined before the issues related to the conduct of the parties, to entitlement to remedies and to quantification. ... Paragraphs 39 to 42 of Mr. Plourde’s affidavit are therefore not admissible. Rio Tinto was not justified in adducing them into evidence and, in doing so, violated the implied confidentiality of the settlement discussions. ... The moving parties in this case have not discharged their burden of demonstrating that the order sought would likely lead to substantial savings of resources or time. Far from it. The motion should not have been brought, and costs will therefore be payable forthwith. Furthermore, Rio Tinto’s decision to put into evidence discussions that are subject to settlement privilege, without justification, calls for sanction. ... In the circumstances, costs in the amount of $6,000 appear to me sufficient to compensate GEREC for expenses that it should not have had to incur and to reflect the Court’s disapproval of the unjustified breach of privilege.
Decision relates to:
- T-1471-21 - GE RENEWABLE ENERGY CANADA INC v. CANMEC INDUSTRIAL INC.