Kobold Corporation v. NCS Multistage Inc., 2026 CanLII 38519
Associate Justice Cotter - 2026-04-23
Read full decision. Summary prepared by Alan Macek:
"Stated generally, the proposed amendments are to allege that SPC 2.0 was used prior to the Claim Date. … I do not accept Kobold’s argument that what it describes as the position of NCS on the summary judgment motion precludes the amendment now sought. The essence of this aspect of Kobold’s argument is that on the summary judgment motion NCS was required to put its best foot forward on use prior to the Claim Date, and this precludes NCS from now advancing a better defence, specially, from advancing an earlier date of first use for the SFC 2.0 tool. … The assumption that the parties to a summary judgment motion have put their best foot forward and that, if this case were to go to trial, no additional evidence would be presented is the lens through which summary judgement is assessed. It is not a prohibition on the evidence that can be presented at trial if summary judgment is dismissed."