PRACTICE |
Privilege |
Dynaflair Corp. Canada Inc. v. Mobilflex Inc.
T-1761-89
2001 FCT 57, Blais J.
12/2/01
7 pp.
In action for patent infringement begun in 1989, motion by defendants for order of confidentiality pursuant to rr. 151, 152 directing that financial documents be treated as confidential--Documents allegedly contained highly confidential information on defendants' business activities, including cost and pricing structure, and disclosure could cause irreparable harm to business activities--Although giving overbroad access to defendant's figures, especially those for current year or two preceding years, could constitute business risk, argument does not apply to years before that--Annual and monthly financial statements of defendant Mobilflex for 1988 to 1998 not covered by any privilege of non-disclosure--Mobilflex data banks for certain customers not covered by any privilege of non-disclosure--Order of confidentiality made in respect of Mobilflex annual and monthly financial statements for 1999 and subsequent years and Mobilflex data bank for certain customers to date, granting access only to counsel of record participating in trial, but not party to case, and accounting expert not connected to plaintiff--Federal Court Rules, 1998, SOR/98-106, rr. 151, 152.