Decision

Planit Software Ltd. v. Mr. Beaver Inc., 2022 FC 585

Proth. Horne - 2022-04-21

Read full decision. Summary prepared by Alan Macek:

The third parties have brought a motion to strike the third party claim, without leave to amend, on the grounds that the defendant lacks standing, and the Federal Court lacks jurisdiction. For the reasons that follow, I conclude that the motion should be granted in part. While certain elements of the third party claim are clearly outside the jurisdiction of the Federal Court, it is not plain and obvious that claims for contribution and indemnity relating solely to copyright liabilities should be struck. ... Paragraph 10 of Planit Software’s reply alleges that its software was continuously used and reproduced on computers associated with Mr Beaver’s business in Canada since at least as early as February 2021. While Mr Beaver does not have standing to sue the third parties for infringement of copyright in that software, whether the third parties were the first to reproduce Planit Software’s copyrighted works on equipment now owned by Mr Beaver is a copyright issue, and would certainly inform whether the third parties should contribute to or indemnify Mr Beaver for any liability arising from a breach of the Copyright Act.

Decision relates to:

  • T-1779-21 - Planit Software Ltd. v. Mr. Beaver Inc.

 

Canadian Intellectual Property