Winchester Investments Ltd. v Polygon Restoration Inc./Polygon Apres Sinistre Inc., 2020 BCSC 999


Read full decision. Summary prepared by Alan Macek:

The context of the application is an action for breach of a settlement agreement between the parties entered into in May 2013 regarding the use of the trade name and trademark Polygon. ... I am satisfied, having read all of the materials, that plaintiff counsel’s preference to travel to Montreal to conduct an in-person examination for discovery of the defendants representative at a reporter’s office, is an unnecessary and unwarranted imposition on the participants in the examination for discovery, not least of which for the defendant’s counsel, who would then have to choose to travel from Vancouver to Montreal for this purpose, or not to be present with his client when opposing counsel is. In some cases, that might be necessary, but it is not here. Both counsel practice in Vancouver, and the technology exists through court reporting services in Vancouver to conduct remote examinations for discovery of a person located in Montreal.


Canadian Intellectual Property