Richards Packaging Inc. v. Distrimedic Inc., 2020 FC 1161

Justice Walker - 2020-12-17

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Richards appeals, in part, an order of Prothonotary Alexandra Steele, the Case Management Judge, dated February 10, 2020 (Confidential Order). Prothonotary Steele validated the designation as “Confidential – Counsel’s Eyes Only” (C-CEO) of 28 of the 33 documents at issue before her. The designations were made by Richards under a Confidentiality Agreement between the parties governing the exchange of confidential documents in the course of this patent litigation. The documents in question (Documents) were listed in Schedule 1 to Richards’ Affidavit of Documents sworn on April 3, 2019. In paragraphs 5 and 7 of the formal Order contained in the Confidential Order, Prothonotary Steele invalidated the C-CEO designations of Documents 23.3, 23.4, 23.5 and 91, and permitted them to be re-designated as “Confidential Information” (CI). ... If the Court allows Richards’ appeal, Distrimedic requests that the Court order a reconsideration de novo of Richards’ original validation motion before Prothonotary Steele. ... For the reasons that follow, Richards’ appeal will be allowed and Documents 23.3, 23.4, 23.5 and 91 validated as C-CEO under the Confidentiality Agreement. In addition, Distrimedic’s cross-appeal will be dismissed.

Decision relates to:



Canadian Intellectual Property