Decision

Angelcare Development Inc. v. Munchkin, Inc., 2018 FC 447

2018-04-24

Read full decision. Automatically generated summary:

The Plaintiffs and the Defendants are the principal competitors in the Canadian and foreign market of baby care products and more specifically, in regard to diaper pails and diaper pail cassettes to dispose of dirty diapers. ... The Plaintiffs appeal the order of the Case Management Judge on the basis that he (1) disregarded the factors established by the case law governing the issuance of CEO protective orders, and (2) failed to recognize the irreversible prejudice that would result from disclosing the entirety of the Plaintiffs’ CEO documents and information to the Defendants’ in-house counsel. They submit that the requirements for the issuance of a CEO protective order were met in this case, namely that highly sensitive documents and proprietary technical and commercial information would be produced, and that the protective order provides a mechanism to challenge the confidentiality designations. While the Plaintiffs’ motion aimed to put in place a framework which would provide the parties with an opportunity to safeguard their commercial interests during the discovery process, the Case Management Judge dealt with the motion as if the parties were seeking to determine the status of a specific document. For the reasons that follow, I have determined that the appeal should be dismissed.

Decision relates to:

  • T-151-16 - ANGELCARE DEVELOPMENT INC. ET AL. v. MUNCHKIN, INC ET AL.

 

Canadian Intellectual Property