Deeproot Green Infrastructure, LLC v. Greenblue Urban North America Inc., 2026 FC 125
Justice McDonald - 2026-01-28
Read full decision. Automatically generated summary:
In 2023 FCA 184, the FCA dismissed the appeal on patent infringement, but on cross-appeal remitted to this Court the issue of the appropriateness of an accounting of profits. ... Specifically, this Court must determine whether GreenBlue can deduct overhead expenses from revenue generated through infringing RootSpace sales, and to what extent has GreenBlue established an evidence-based causal connection between claimed overhead costs and the infringing activity. ... The inferences GreenBlue asks the Court to draw are problematic, because GreenBlue’s financial information combines expenses relating to both Canadian and American sales. ... The Defendant’s claimed portion of overhead expenses includes expenses related to US sales, with no evidence supporting a causal connection to infringing Canadian sales, and the record lacks sufficient evidence to disentangle these US expenses from Canadian expenses. ... Having elected not to provide more detailed financial evidence, or expert accounting evidence, on its expenses, GreenBlue is effectively asking the Court to compensate for their failure to do so. ... Accordingly, in not allowing deductions for the claimed overhead expenses for 2017, 2018, 2019 and 2020, GreenBlue made a profit of $593,362.61 from infringing RootSpace sales in Canada. (Bentley Gaikis and David Lafontaine of DLA Piper were part of the team representing the successful plaintiff)
Decision relates to:
- T-954-18 - DEEPROOT GREEN INFRASTRUCTURE, LLC ET AL v. GREENBLUE URBAN NORTH AMERICA IN