Zacon Limited v. Provincial Doors Inc., 2024 ONSC 4941
2024-09-06
Read full decision. Summary prepared by Alan Macek:
The plaintiff alleges PDI manufactures, sells, installs, and maintains OSDs in violation of the plaintiff’s patented technology. ... Although other claims for relief were set out in the notice of motion and amended factum, in oral argument, the plaintiff limited its request to an order for further productions and the option to question officers of the defendants if necessary. ... Paragraph C refers to “the defendant’s profits.” The plaintiff submits this was intended to include all the defendants, and the misplaced apostrophe should not restrict this claim to PDI. In my view, the statement of claim as currently drafted does not include a claim for an accounting of Pretium’s profits. ... The plaintiff has accordingly not met its onus of establishing PDI is withholding relevant documents.