Arkipelago Architecture Inc. v. Enghouse Systems Limited et al, T-1645-16
Associate Justice Horne - 2022-12-05
Read full decision. Summary prepared by Alan Macek:
This is an action for copyright infringement. The plaintiff claims rights in a “ROME” computer program, and alleges that the defendants have infringed its copyright by the sale of computer programs known as Aktavara OSS and NetDesigner. ... Security for costs is addressed in Rule 416 of the Federal Courts Rules ... I am, however, satisfied that the plaintiff’s pursuit of litigation funding, combined with the evidence that: i) the plaintiff’s principal asset is a computer program that is over 20 years old; and ii) that no revenue has been generated from that program in about 5 years establishes a prima facie basis that the plaintiff may be unable to pay the defendants’ costs. ... In the absence of evidence as to the fees that are likely to be charged to the defendants, I will not award security for costs in the amount requested by the defendants. I agree with the plaintiff that $60,000.00 is reasonable in the circumstances. ... Payment of security in stages is therefore appropriate. (Thanks to John Simpson for the decision)
Decision relates to:
- T-1645-16 - ARKIPELAGO ARCHITECTURE INC. v. ENGHOUSE SYSTEMS LIMITED ET AL