Questor Technology Inc v Stagg, 2020 ABQB 3


Read full decision. Summary prepared by Alan Macek:

Questor seeks injunctive relief enjoining the Individual Respondents and the Corporate Respondent (collectively, the “Defendants”) from, among other things, competing in the market against Questor and infringing Questor’s intellectual property. Questor also claims intellectual property ownership in the Emission LP Burner Technology. ... Although framed as a dispute over ownership, this argument also requires the Court to assess whether Mr. Nelson’s duty of good faith required him to disclose the expired patent for the purpose of developing the Questor LP Burner Technology. ... As stated above, there is significant conflicting evidence on the technical issues underlying this Application. ... On the basis of all of the evidence before me and a review of the tripartite test, I do not find that it would be fair and just to issue the injunction that Questor seeks.


Canadian Intellectual Property