DeliveryEase Inc. v. Tahir et al, 2026 ONSC 4558
2026-08-18
Read full decision. Summary prepared by Alan Macek:
The plaintiff brought an urgent motion for an interlocutory injunction ... requiring the defendants to deliver up the software assets to the plaintiff. … The defendants assert that the corporate defendant, AdelphaTech, owns the source code and the software assets, which were developed by the defendants … The defendants say that Mr. Tahir was pressured to execute the Assignment Agreement and argue that there was no valid agreement. … The defendants say that the Assignment Agreement did not relate to intellectual property that pre-existed the incorporation of the plaintiff company. They say that only enhancements and refinements were made after the incorporation of the plaintiff company and the execution of the Assignment Agreement. According to the defendants’ interpretation of the Assignment Agreement, only intellectual property yet to be conceived or developed was being assigned. There is evidence before the court, however, that Mr. Tahir has admitted that the plaintiff owns the software assets. … Mr. Tahir took issue with the characterization of his relationship with the plaintiff corporation and took the position on the motion that he was an independent contractor of the plaintiff. In fact, the defendants have admitted in their statement of defence that Mr. Tahir was both an “employee” and the plaintiff’s Chief Technical Officer. … In the result, I need not consider Mr. Tahir’s compensation arrangement with the plaintiff and whether payment through AdelphaTech was for tax purposes. … At the conclusion of the motion, I granted the injunction and certain terms