9430-2684 Québec inc. (B2B Pharma) c. Bouchard (Solutions Otomatik), 2026 QCCS 1278
2026-04-07
Read full decision. Summary prepared by Alan Macek:
The plaintiff B2B and the defendants are debating the renewal of a portion of the interim injunction issued in favour of B2B, initially ex parte. ... The claimant alleges that it holds a copyright in 1) its platform, including its source code, structure, functionality and architecture; 2) the database it allegedly developed; 3) the reports generated by the platform. With the support of Mr. Létourneau's report, the plaintiff alleges that the Otomatik website is the product of a systematic reverse engineering, technological parasitism, and reproduction process by the defendants Bouchard. ... the arrival of new customers who were not already with B2B is more difficult to assess within the analytical framework of the question of causality, that is, whether this attraction of new customers is dependent on the alleged misappropriation of the plaintiff's intellectual property. ... For these reasons, the Court considers it appropriate to grant security in connection with the interim injunction and the Anton Piller order. This is the counterbalance to the advantages that B2B enjoys under the orders. ... The court grants the applicant's request for renewal of the provisional injunction issued by the Honourable Gabrielle Brochu on January 29, 2026 in paragraph 44 of the judgment.