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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