Farmobile, LLC v. Farmers Edge Inc., 2021 FC 1200

Proth. Ring - 2021-11-09

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This is a motion brought by Farmers Edge for an order that the Notice of Change and Appointment of Solicitor filed by the Plaintiff, Farmobile be struck, and for costs of this motion at a heightened scale in any event of the cause, in the event the motion is opposed. ... Farmers Edge submits that the Notice of Change of Solicitor must be struck because the law requires that Farmobile must elect a single solicitor of record. ... separate legal representation of co-plaintiffs can lead to “procedural deadlock, uncertainties and other obstacles to the orderly conduct of proceedings arising from inconsistent advice to co-plaintiffs”. For those reasons, the general rule excluding separate representation of co-plaintiffs has long been recognized in English law ... For these reasons, I conclude that Farmobile is not entitled, as of right, to have co-solicitors of record under the Rules. ... In this case, I am well aware from my role as Case Management Judge that the trial of this action has been adjourned five times already. ... In conclusion, having carefully considered the submissions of the parties and the material before the Court, along with my personal knowledge of this proceeding as Case Management Judge, I am satisfied that special circumstances exist in this case to justify granting leave to Farmobile to be represented by two solicitors of record.

Decision relates to:



Canadian Intellectual Property