![]() Prothonotary Aalto also commented that refusals motions dealing with hundreds of questions are an abuse of the Court – such motions and “should deal with perhaps no more than 50 or so questions”, except in exceptional circumstances. Providing an undertaking is more often the proper procedure. ![]() schools and worldwide in maker spaces, with 350,000+ users. ![]() Prothonotary Aalto noted that taking a question “under advisement” is not an objection and is inappropriately used when simply preventing a witness from answering a proper and relevant question absent a need for careful deliberation and consideration. BlocksCAD is a visual Computer-Aided Design (CAD) program, designed to teach children mathematics and geometric visualization. In his reasons, Prothonotary Aalto sent a strong message against unfounded objections during discovery. With regard to the questions that were taken “under advisement”, counsel for the Plaintiffs argued that these answers required review to ensure they were accurate and did not require clarification. The Plaintiffs denied such conduct and argued that the questions that were not answered required further inquiry in order to obtain the relevant information. Rovi Guides and TiVo Solutions v Bell Canada Counsel to TiVo. Bell argued it was entitled to direct answers from the witnesses without any such interference by counsel. Ontario Superior Court, the Ontario Court of Appeal and the. Bell argued that by taking such a large amount of questions under advisement, counsel for the Plaintiffs were trying to script those answers. Put it down as another example of a small Canadian technology company taking on the big boys and the big boys doing their best to stretch the process out. Of the nearly 10,000 questions asked in first examination for discovery, counsel for the Plaintiffs either refused or took under advisement approximately 1000 questions, leading Bell to file this motion. Bell Canada in no rush to defend 350M patent infringement law suit from MediaTube. The manner in which examinations for discovery have been conducted by counsel in this case has drawn a rebuke from Prothonotary Aalto in his reasons for allowing a motion by Bell for an order that representatives of the Plaintiffs must re-attend another examination in person in order to answer certain questions taken “under advisement” at first instance ( MediaTube Corp v Bell Canada, 2015 FC 391). Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 4Ĭorrespondence received from, (Letter Form), Explanation of documents filed, along with copies of confidentiality orders.Since the spring of 2013, Bell Canada has been litigating claims of alleged patent infringement brought against it by Toronto-based technology companies MediaTube Corp and NorthVu Inc (together, the Plaintiffs). If you do not agree to be bound by these terms and conditions, you should stop using the Web Site. ![]() Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. Respondent's response on the application for leave to appeal, (Book Form), Completed on: This agreement applies as between you, the User of this Web Site and asabell, the owner(s) of this Web Site. Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-35-17, 2019 FCA 176, dated June 11, 2019, is dismissed with costs.Īll materials on application for leave submitted to the Judges, for consideration by the CourtĬertificate (on limitations to public access), (Letter Form), 23BĪpplicant's reply to respondent's argument, (Book Form), MISSING: Form 23B (rec' 12/02/19), Completed on: Ĭertificate (on limitations to public access), (Letter Form), 23A Proceedings DateĬopy of formal judgment sent to Registrar of the Court of Appeal and all parties Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous. (Sealing order) (Certain information not available to the public)
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