Decision

Dermaspark Products Inc. v. Prestige MD Clinic, 2022 FC 1550

Justice Furlanetto - 2022-11-14

Read full decision. Summary prepared by Alan Macek:

The Plaintiff brings this motion in writing under Rules 51 and 369 to appeal the Order ... arising from a motion to strike and a motion to amend the claim ... The Plaintiff appeals only that part of the Order ... that struck the Plaintiff’s claim against the Individual Defendants, without leave to amend, and that awarded the Defendants costs of the motions in the amount of $5,000. ... The Plaintiff asserts that the Individual Defendants are partners, not corporate officers or directors. ... For the reasons set out below, I find that the CMJ erred in striking the claim as against the Individual Defendants without leave to amend.

Decision relates to:

  • T-1194-20 - DERMASPARK PRODUCTS INC. ET AL v. PRESTIGE MD CLINIC ET AL

 

Canadian Intellectual Property