Federal Court


Civil Procedure

Trial
Applicant did not demonstrate that introduction of new evidence was in interest of justice

Corporate respondent entered into set of agreements to develop software with X. Applicant entered into series of employment relationships with corporate respondent and subsequently he and his company entered into contractual relationships with corporate respondent. Applicant claimed that he and X were joint authors and joint owners of copyright in software. Applicant claimed declarations and remedies related to alleged copyright infringement and infringement of moral rights. Application dismissed. Applicant sought leave to file additional affidavit in support of his application. Motion dismissed. While it wasn’t clear that all evidence was available to applicant when he swore his main affidavit, it was available when he filed his record and his requisition for hearing. There was no basis for court to be admitting this evidence on day of hearing. Applicant did not demonstrate that introduction of new evidence was in interest of justice and would assist court. Respondents would be prejudiced by admission of evidence.

Andrews v. McHale (June 3, 2016, F.C., Richard F. Southcott J., T-832-15) 269 A.C.W.S. (3d) 152.

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