Decision

Lam v Ark Platforms Inc., 2021 BCSC 647

2021-04-09

Read full decision. Summary prepared by Alan Macek:

"In particular, they focus on the relationship between this oppression petition, and a proceeding in the Federal Court brought by Mr. Tseng’s company alleging that Mr. Lam unlawfully took the software code for ARKIT, rebranded it, and is now marketing it through a competing company that he controls using a modified version of Ark Platforms’ original marketing materials. The action in Federal Court is for copyright infringement [see T-129-20]. Mr. Lam’s oppression petition was filed very shortly after the Federal Court proceeding was filed, and the remedy sought in the oppression petition seeking the reversal of the asset sale was referenced in his defence to the Federal Court proceeding. Specifically, Mr. Lam pleads in the Federal Court proceeding that Mr. Tseng’s company had no legitimate ownership interest in the ARKIT software because the sale of the ARKIT software ought to be and will be reversed by way of this oppression petition. Mr. Lam objected to Mr. Tseng’s company’s standing to enforce its copyright over ARKIT on that basis. ... The respondents urge me not to look at just one element of Mr. Lam’s actions, but to the entirety of the timing of his oppression petition ... I find that it is not plain and obvious that the petition is an abuse of process of this Court, and I decline to strike it on that basis."

 

Canadian Intellectual Property