Ansys, Inc. et al. v. Everforce Energy Ltd. et al., 2024 FC 889
Justice Pallotta - 2024-06-11
Read full decision. Summary prepared by Alan Macek:
The statement of claim alleges that the defendants have used and reproduced copyright-protected engineering simulation software and associated documentation without authorization. ... To date, the defendants have not complied with the January 2023 Order. By way of this motion, the plaintiffs ask the Court to strike the statement of defence without leave to amend. ... The defendants’ assertion that the blame lies with counsel can no longer provide any excuse for their non-compliance. ... Striking a statement of defence is a drastic remedy. However, the defendants have not given this Court a reason to expect they will comply with a further order and I am not satisfied that they should be granted further indulgences. I find that an order striking the statement of defence without leave to amend is an appropriate remedy that is warranted in view of the defendants’ conduct in this case. (Thanks to Nicholas James for a copy of the decision)
Decision relates to:
- T-723-22 - Ansys, Inc. et Al. v. Everforce Energy Ltd. et Al.