Ocean Rodeo Sports v Oyen, 2017 BCSC 876


Read full decision. Summary prepared by Alan Macek:

In this proceeding for negligence, the defendants sought to examine three inventors as 'assignors' under the provincial rules, also with reference to the Federal Courts Rules. The Court found there must be some limit to the right to examination of an assignor and considered two factors a) the party proposing to conduct the examination must establish that the person to be examined has assigned a right or an interest in property that is relevant to the action or a right of an action itself to be entitled to an examination and b) the party must show some material evidence relating to an issue in the action that might be obtained from the person it seeks or they seek to examine. The Court allowed the examinations but limited questions to the nature of the invention and contributions of the inventors. The application to strike the appointments was therefore dismissed.


Canadian Intellectual Property