Guest Tek Interactive Entertainment Ltd. v. Nomadix Inc., 2020 FC 860

Justice McHaffie - 2020-08-27

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In the ordinary course, a trial is conducted with the parties, counsel, and witnesses appearing in person in the same room as the Court. It has become clear that because of the COVID-19 pandemic, this mode of trial will not be possible for most of the trial of this patent action if it is to proceed as currently scheduled on September 28, 2020. Nomadix, Inc has therefore requested adjournment of the trial so it may proceed in person at a future date. Guest Tek Interactive Entertainment Ltd opposes the request, arguing the matter can and should proceed by videoconference. I recognize the reasonable concerns raised by Nomadix. Nomadix has much at stake in this proceeding, and trial by videoconference will not be the same as trial in person. Nonetheless, I am satisfied that a fair trial that respects the interests of the parties and allows their cases to be fully presented and argued can be conducted by videoconference. I am therefore not prepared to adjourn the trial at this time.

Decision relates to:



Canadian Intellectual Property