Farmers Edge Inc. v. Precision Weather Solutions Inc., 2021 MBQB 58
Read full decision. Summary prepared by Alan Macek:
After some initial discoveries, PWS sought and obtained an order permitting it to amend its existing counterclaim to allege that FE and its employees took the technology and intellectual property of PWS and injected it into the development of FarmCommand. FE denies that it has used any PWS technology and intellectual property in the development of the weather and agronomic modelling components contained within FarmCommand. ... On the evidence before me, I conclude that PWS has shown that FE did review the PWS dashboard before and while it was developing its own FarmCommand platform. Nonetheless, there is insufficient evidence before me to demonstrate how, if at all, the observations that it made during the course of such review were used by it to make FarmCommand. ... In short, whether the plaintiffs are advocating a Mareva type injunction or an order to protect property in which PWS claims a proprietary interest, the notion of “Serious Issue to be Tried” involves a higher threshold than “not frivolous or vexatious”. PWS has not satisfied me that its case is strong enough to warrant an order which interferes with the ordinary course of business for FE.