On November 11, 2015, the Superior Court of Justice of Ontario granted a motion, in the case of Planon Systems Inc v Norman Wade Company Limited, to dismiss an action for delay after a 25 year-long action for copyright infringement.  In 1971, the plaintiffs, Planon Systems Inc, began an action for breach of an implied term leading to copyright infringement and breach of fiduciary duty from the misuse of confidential information.

In deciding to dismiss the case, the Court held that regardless of the fact that the plaintiffs had undergone lengthy receivership and bankruptcy proceedings, there was no doubt that a 25 year-long delay, and 30 years from the relevant events, was an inordinate and inexcusable delay since there were multiple inactive periods of time.

Furthermore, the Court found that there was a risk of actual prejudice to the defendants, as two material witnesses for the defendants were no longer available. The president of the main defendant, Norman Wade Company Ltd (Wade), was missing and the chief operating officer of Wade during that period had died in 2010. The plaintiffs argued that the claim was largely dependent on documents and not testimony evidence. The Court rejected this argument, and noted that allegations of breach and conspiracy were almost entirely based on behaviour and inference, and not documents. 

E-TIPS® ISSUE

15 12 02

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

E-TIPS is a registered trade-mark of Deeth Williams Wall LLP.