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ARTICLE · 22 MAY 2006

Ex Parte Redux - Justice Hughes Revisits Without Notice Injunctions in Copyright Cases

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Netbored Inc. v. Avery Holdings Inc. et al., the Federal Court confirmed that ex parte injunctions and Anton Piller orders are only to be granted in exceptional cases and that a party seeking such an order must make "full and frank" disclosure to the Judge hearing the application for the order

CanadaIntellectual Property
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Article by Mark Hayes and Antonio Turco, ©2006, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Intellectual Property, Special Copyright Issue, May 2006

In Netbored Inc. v. Avery Holdings Inc. et al., the Federal Court confirmed that ex parte injunctions and Anton Piller orders are only to be granted in "exceptional cases" and that a party seeking such an order must make "full and frank" disclosure to the Judge hearing the application for the order.

The decision by Mr. Justice Hughes arose out of a motion to review an ex parte injunction and Anton Piller order granted in an action involving allegations of copyright infringement, breach of confidentiality and breach of fiduciary and contractual duties as between an employer and ex-employee.

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