iFit Inc v. Safe Sweat Fitness Ltd., 2024 FC 1406
Associate Justice Cotter - 2024-09-09
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This is a motion by the applicants for “an Order converting the within Application into an action”. For the reasons set out below, the applicants’ motion is dismissed. ... This motion follows on the heels of an unsuccessful motion by the applicants seeking to compel the respondent to produce financial documents relevant to the issue of an accounting of profits ... In the circumstances of this case it would be contrary to Rule 3 to permit the applicants, who chose to proceed by way of application, and then found themselves in a situation where they do not have the evidence needed to make out certain aspects of their case through no fault of the respondent, to then convert the proceeding into an action under opposition for the respondent so that the applicants can avail themselves of the broad documentary and oral discovery rights and obligations under the Rules.
Decision relates to:
- T-1055-23 - IFIT INC. ET AL. v. SAFE SWEAT FITNESS LTD.