Millennium Funding, Inc. v. Bell Canada, 2026 FC 929
Justice McDonald - 2026-07-10
Read full decision. Automatically generated summary:
On this Motion, the Plaintiffs seeks to strike broad portions of the Defendants’ Further Amended Statement of Defence and Counterclaim (Further Amended Defence), filed on December 8, 2025. ... For the reasons that follow, I largely dismiss this Motion. First, I do not accept the Plaintiffs’ submissions that the FCA [see 2025 FCA 153] narrowly confined the Defendants’ right to amend on the copyright misuse issue. Second, the Plaintiffs have not met the high threshold for striking pleadings under Rule 221(1)(a), as it is not plain and obvious that the claims in the Further Amended Defence have no reasonable prospect of success. Finally, the Plaintiffs’ arguments, that the Defendants’ Further Amended Defence withdrew admissions or advanced contrary positions from earlier pleadings, lack merit.
Decision relates to:
- T-1062-21 - MILLENNIUM FUNDING, INC. et Al. v. BELL CANADA et Al.
- A-279-26 - which is an appeal from this decision