Equustek Solutions Inc. v Jack, 2020 BCSC 793


Read full decision. Summary prepared by Alan Macek:

"In very simple and broadly stated terms, the plaintiffs claim that the defendants conspired to steal confidential material, including DH+ source code, from the plaintiffs’ protocol converter and associated technical documents and used what they stole to create their own DH+ protocol converter, ... In summary, I conclude Mr. Jack and Mr. Crawford knowingly and intentionally copied a vast quantity of Equustek’s manual and application notes to save time and effort. The material was used in the exact same fashion as the plaintiffs used it. The material that was copied is the proper subject matter of a copyright. ... Taking into account Mr. Mackay’s estimates, factoring in the contingencies that Equustek did not innovate or change the way it marketed its products in the pre-trial period, and placing more significance on the effect of the injunction than Mr. Mackay did, I have assessed Equustek’s loss of sales prior to trial at $1 million CAD. Mr. Crawford, Mr. Jack, the Datalink defendants and the Cheifots are jointly and severally liable for Equustek’s loss of past sales. ... The plaintiffs’ claim for damages for future losses and/or injunctive relief, shall be determined at a post-judgment hearing. The existing injunctions remain in full force and effect until such time as they are amended or terminated by this Court." [Note: see Google motion to vary 2018 BCSC 610]


Canadian Intellectual Property