Decision

GE Renewable Energy Canada Inc. v. Canmec Industrial Inc., 2024 FC 887

Justice McHaffie - 2024-06-11

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The court dismissed the plaintiff's motion to further amend the statement of claim in a copyright infringement action. The proposed amendments would require significant discovery, trial adjournment, and an expansion of the scope late in the proceeding. The court found these amendments untimely, unnecessary, and not in the interest of justice as parties had already completed two rounds of discovery. The plaintiff's request for trial adjournment was also denied due to lack of justification. Minor amendments agreed upon were allowed, but the major ones were not granted. The legal issues addressed were whether to permit the amendments and adjourn the trial, considering factors like timeliness, potential trial delay, and facilitating consideration of the dispute on its merits. The court highlighted the onus on the amending party to demonstrate the necessity and reasonableness of the proposed amendments.

Decision relates to:

  • T-1471-21 - GE RENEWABLE ENERGY CANADA INC v. CANMEC INDUSTRIAL INC.
  • A-206-24 - which is an appeal from this decision

 

Canadian Intellectual Property