Beheer B.V. v. 6035558 Canada Inc., 2025 FC 552
Justice Gagné; Justice Gagné - 2025-03-25
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In this case summary, the court addressed a motion to appeal concerning amendments to a patent infringement action. The Associate Judge granted the plaintiffs leave to file a Second Amended Statement of Claim, adding individual defendants—directors of corporate entities—alleged to have personally engaged in patent infringement. The corporate defendants opposed the amendments, arguing they were statute-barred and questioned the interests of justice due to the delay of four years since the action began. The appeal centred on whether the amended claim adequately disclosed a reasonable cause of action and whether concerns regarding limitation periods warranted dismissal. The court upheld the Associate Judge’s decision, affirming that sufficient material facts were presented to establish a potential claim against the individual defendants. The appeal was dismissed, reinforcing the principles that amendments should serve justice and that courts maintain discretion in allowing such changes when they do not prejudice other parties.
Decision relates to:
- T-116-19 - UNILIN BEHEER B.V. ET AL v. 6035558 CANADA INC. ET AL