JL Energy Transportation Inc v Alliance Pipeline Limited Partnership, 2024 ABKB 72
2024-02-08
Read full decision. Summary prepared by Alan Macek:
JL brought an action against the Defendants in relation to their use of the Licensed Technology. JL alleges that the Defendants have: (1) caused damage to JL by disclosing or using the Licensed Technology in breach of the Limited Use Licenses; and (2) infringed Patents held by JL which are associated with the Licensed Technology. ... For the reasons that follow, I grant the Defendants’ application and dismiss this action on the basis of limitations. If, however, I am wrong and the action survives, I find that those portions of JL’s Statement of Claim relating to US patents are outside the jurisdiction of this Court and must be struck from the claim. ... It is clear on the evidence that JL knew or ought to have known that it had suffered an injury as of November 27, 2013, that that injury was attributable to the Defendants, and that it was worth pursuing a claim for the injury. This date precedes the two-year limitation period for breach of the Licensing Agreements (i.e., breach of contract) under s 3(1) of the Limitations Act. Therefore, I grant the Defendants’ application for summary dismissal and dismiss this action wholly, both with respect to allegations of breach of contract and patent infringement.