GE Renewable Energy Canada Inc. v. CANMEC Industrial Inc., 2024 FC 187
Justice McHaffie - 2024-02-07
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The court decision involves a copyright infringement action brought by GE Renewable Energy Canada Inc. (GEREC) against Canmec Industrial Inc. and Rio Tinto Alcan Inc. GEREC sought to make further amendments to its Amended Statement of Claim, specifically in relation to the definition of "GEREC Designs" and the actions of Canmec allegedly infringing on the copyright. The court granted leave to amend the claim in the second category, allowing allegations that Canmec's manufacture of equipment infringed the GEREC Designs. However, the court dismissed the amendments in the first category due to inadequate particularization. The court emphasized that amendments must yield a sustainable pleading and should not represent a radical departure from the party's prior positions. The court considered factors such as timeliness, trial delay, the impact on other parties' positions, and the facilitation of the court's consideration of the substance of the dispute. The court also noted that pleading must contain factual particulars. The motion was granted in part and dismissed in part, with costs awarded to the respondents.
Decision relates to:
- T-1471-21 - GE RENEWABLE ENERGY CANADA INC v. CANMEC INDUSTRIAL INC.