Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: Velsoft Training Materials Inc. v. Global Courseware Inc.,

2011 NSSC 274

Date: 20110706

Docket: Hfx No. 341894

Registry: Halifax

Between:                        

Velsoft Training Materials Inc. and Velsoft International Inc.

Plaintiffs

v.

 

Global Courseware Inc., Glen Myers a.k.a. Joe Myers,

Lori Gillin a.k.a. Michelle Masterson

and Charissa Fraser a.k.a. Maria Fraser

Defendants

 

LIBRARY HEADING

 

Judge:         The Honourable Justice Glen G. McDougall

 

Heard:         June 8 and 9, 2011 in Halifax, Nova Scotia

 

Subject:       Anton Piller Order (Order to preserve evidence); Motion to Set Aside an Anton Piller Order         

 

Summary:   An Anton Piller order was granted, ex parte, to the plaintiffs.  The defendants applied to have the Order set aside.

 

Issue: Did the plaintiffs satisfy the four essential conditions for the making of an Anton Piller Order which originated in Anton Piller KG v. Manufacturing Process Ltd., [1975] 1 All E.R. 779, [1976] Ch. 55 and later adopted by the SCC in Celanese Canada Inc. v. Murray Demolition Corp., [2006] 2 S.C.R. 189, 2006 SCC 36?

 

Result:        The plaintiffs failed to satisfy the fourth condition for an Anton Piller Order which required them to show that there is a real possibility that the defendants may destroy evidence before the discovery process can do its work.  The Order was set aside.

 

 

 

 

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