NCS Multistage Inc. v. Kobold Corporation, 2021 FC 1395
Justice Manson - 2021-12-10
Read full decision. Automatically generated summary:
This is a motion brought by the Plaintiff of both actions, NCS, under Rule 51 of the Federal Courts Rules to appeal two Orders of Prothonotary/Case Management Judge Ring, both dated November 23, 2021. The Orders relate to two motions brought by NCS on November 1, 2021: a motion to amend NCS’s pleadings and a motion to compel documents. ... I find that the Judge correctly found that this plea is vague and prejudicial to Kobold, who is entitled to know the case it has to meet. Such a pleading would require additional discovery, given the vagueness of what is being asserted by NCS. I also find that the Judge correctly articulated the law on constructive trusts in her determination of whether, at this threshold stage, NCS has pled the requisite material facts to substantiate its proposed constructive trust plea. ... On a review of the pleadings as a whole and in light of the conduct of NCS during the lengthy discovery process, the Judge found that the period of infringement pleaded is from 2014 onward and that the amendments represent a reversal of position. The Judge correctly states the Court may look to the conduct of the parties in determining whether a requested amendment relates to a real question in controversy. ... In conclusion, the Plaintiff’s motion to appeal the Orders of Judge dated November 23, 2021 is dismissed. The Orders remain in place. It bears repeating that the underlying Motions and this appeal were brought on the eve of trial.
Decision relates to:
- T-1420-18 - NCS MULTISTAGE INC. v. KOBOLD CORPORATION, ET AL
- A-353-21 - which is an appeal from this decision
- T-567-20 - NCS MULTISTAGE INC. v. PROMAC INDUSTRIES LTD.