Vero UK Limited Et Al. v. Sherwood Innovations Inc., 2026 FC 876
Justice Whyte Nowak - 2026-06-29
Read full decision. Automatically generated summary:
Vero UK, Hexagon and a third plaintiff, Planit, allege that the Defendant has copied the source code and object code of version 2021 of their VISI software without their consent or authorization. The Defendant denies infringement. ... the Defendant now alleges that Vero UK as a dissolved UK company lacks standing to bring the action and Hexagon lacks the capacity to make a claim against the Defendant by reason that its assignment of interest in the Works does not comply with subsection 13(4) of the Copyright Act as it is not in writing. ... For the following reasons, I am dismissing the Defendant’s motion. The Defendant has not shown that the relief sought is necessary or appropriate. The Plaintiffs have agreed to remove Vero UK as a plaintiff and they have raised a novel issue concerning Hexagon’s standing as a licensee that is best determined at trial. ... I am of the view that there is a novel issue that should be resolved at trial as to whether the objective of subsection 13(4) of the Copyright Act is satisfied in circumstances where Hexagon has acted as though the written Distribution Agreement governs Canada and the owner of the Works has not objected. This question is not a pure question of law and will require the Court to consider and assess the credibility of witnesses.
Decision relates to:
- T-84-24 - Vero UK Limited et Al. v. Sherwood Innovations Inc.