Aria Vent Inc. v. 2213785 Ontario Inc., 2025 FC 672
Associate Justice Crinson - 2025-04-10
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The Defendants, 2213785 Ontario Inc. and TRM Holding Inc. (collectively, “TRM”), brought this motion to enforce a settlement agreement that TRM argues had been reached between the parties with respect to allegations of copying made by the Plaintiffs against TRM. ... The TRM Letter did not constitute an unequivocal acceptance of all the essential terms as it did not constitute an acceptance of Aria Vent’s essential term of retaining the right to rely upon the alleged use by TRM of the image at issue in support of patent infringement and patent remedies claims in the Court File No. T-409-23 action. ... Communications in pursuit of settlement continued but at no point prior to the clear revocation by Aria Vent of all offers to settlement on December 3, 2024 was there an offer and unequivocal acceptance of the terms of such offer. On the evidence put before the Court on this motion, I conclude no binding settlement agreement was reached.
Decision relates to:
- T-409-23 - Aria Vent Inc. et Al. v. 2213785 Ontario Inc. et Al.