NCS Multistage Inc. v. Kobold Corporation, 2025 FC 1930
Associate Justice Ring - 2025-12-04
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NCS wishes to refer to and rely on the Target Documents and the Target Communications on a motion that NCS intends to bring under Rule 399 of the Federal Courts Rules to set aside a show cause contempt Order dated July 18, 2024. The parties agree that when Kobold made the Target Communications, Kobold designated them as “Confidential Mediation Information” pursuant to a Protective Order made on consent of the parties. ... Kobold contends that the documents and communications that NCS moves to rely on are covered by multiple overlapping layers of protection, including judicial immunity, settlement privilege, Rule 388, and a protective order for mediation. In Kobold’s submission, NCS has not met its burden of showing that any of these protections should be abrogated. ... Having reviewed the motion records filed on behalf of the parties and considered the oral submissions of counsel for the parties, and for the reasons that follow, I conclude that NCS’s motion should be dismissed. ... If information that a judge obtains from one party and relays to the other party during a mediation is not protected by judicial immunity, it risks severely inhibiting the function and role of the judge in their role as a mediator. ... NCS has not shown how Kobold’s alleged failure to make “full and frank disclosure” relates to the three elements of civil contempt that the Court must consider on a show cause motion to determine whether a prima facie case of contempt has been established.
Decision relates to:
- T-1420-18 - NCS MULTISTAGE INC. v. KOBOLD CORPORATION, ET AL