Decision

CRB Consulting Inc. v. Massage Addict Incorporated, 2023 FC 1498

Associate Justice Horne - 2023-11-10

Read full decision. Summary prepared by Alan Macek:

The defendants’ motion for security for costs includes an affidavit of a private investigator who undertook searches to locate and identify the plaintiff’s assets. The investigator obtained, but did not disclose [see 2023 FC 1215], a business credit report for the plaintiff. The business credit report includes information that could be favourable to the plaintiff. ... Defendants moving for security for costs should not be encouraged to make partial or selective disclosure, only revealing those facts or documents that would assist in meeting their initial burden. On this motion, the defendants have met their initial burden. The analysis in this respect includes consideration of the business credit report, which is deemed to be part of the defendants’ evidence. In the absence of any admissible evidence from the plaintiff, security for costs will be awarded.

Decision relates to:

  • T-576-23 - CRB CONSULTING INC. v. MASSAGE ADDICT INCORPORATED et Al.

 

Canadian Intellectual Property