Composite Technologies Inc. v. Shawcor Ltd., 2017 ABCA 160
Read full decision. Summary prepared by Alan Macek:
This appeal (see 2016 ABQB 261 and 2015 ABQB 181) relates to whether the plaintiffs had standing to assert breach of confidentiality agreements having been dissolved or sold all its IP rights to a third party. The defendants had moved for summary judgment. The Court reviewed the test for summary judgment and the contract, finding that "there is no doubt as to the ordinary meaning of the verbs 'sell', 'assign', 'transfer' and 'set over'." so the plaintiff had no legal basis to complain about the use of the technology and could not have suffered any loss. The assignee had been dissolved so could not advance a claim. The appeal was dismissed.