McCain Limited v. J.R Simplot Company, 2024 FC 1729
Justice McHaffie - 2024-10-30
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In this case, the defendants sought to use portions of a discovery examination of an inventor regarding a patent allegedly infringed upon, requesting either permission under Rule 290 to use that evidence at trial or a letter of request to a French court to compel the inventor to testify in France. The court denied the request to use the discovery examination, determining that the defendants did not meet the requirement of evidence being unobtainable on commission. However, given the circumstances involving the inventor’s testimony, the court did agree to issue a letter of request to the French court to facilitate the examination. The ruling highlighted issues surrounding the admissibility of discovery evidence and the preference for viva voce testimony in trials. Costs of the motion were reserved for trial.
Decision relates to:
- T-1624-17 - MCCAIN FOODS LIMITED v. J.R. SIMPLOT COMPANY ET AL