Mediatube Corp. v. Bell Canada, 2018 FCA 127
Justice Stratas - 2018-06-28
Read full decision. Automatically generated summary:
MediaTube appeals from the judgment dated January 4, 2017 of the Federal Court (per Locke J.) that dismissed its action for patent infringement: 2017 FC 6. It also appeals from an order dated March 29, 2018 of the Federal Court (per Locke J.) that dismissed its motion to vary a confidentiality order: 2018 FC 355. ... Three motions are now before the Court: 1) MediaTube asks for leave to introduce a new ground into its appeal from the dismissal of its action for patent infringement: ineffective assistance of trial counsel. ... 2) Bereskin & Parr, MediaTube’s former counsel, seeks leave to intervene to oppose MediaTube’s motion. ... 3) By previous Order of this Court, MediaTube has posted security respecting the costs awarded against it by the Federal Court. In reaction to MediaTube’s motion, Bell Canada now seeks an order for payment of the security to it. It also seeks an order requiring MediaTube to post security for its costs on the appeal. For the reasons that follow, MediaTube’s motion will be dismissed. Bereskin & Parr’s motion will be dismissed because it is moot: this Court has been able to determine the motion against MediaTube without receiving Bereskin & Parr’s evidence in opposition. Finally, Bell Canada’s motion partly succeeds: it is entitled to security for its costs on the appeal.
Decision relates to:
- A-112-18 - MEDIATUBE CORP. ET AL v. BELL CANADA which is an appeal from 2018 FC 355 in T-705-13
- A-35-17 - MEDIATUBE CORP ET AL v. BELL CANADA which is an appeal from 2017 FC 6 in T-705-13