International Hollowcore Engineering Inc. v. Ultra-Span Technologies Inc.
T-626-97
Hargrave P.
12/8/97
7 pp.
Motion to set security for costs in impeachment proceeding under Patent Act, s. 60(3)-S. 60(3) mandatory provision requiring security for costs before action commenced-Defendants holding patents relating to machines for manufacture of extruded concrete slabs with hollow cores-Plaintiff has, as pre-emptive measure, commenced impeachment proceeding-Purpose of security for costs under s. 60(3) deterrent to prevent unfounded, irresponsible, frivolous attacks on patent-Defendant entitled to substantial security for costs under previous Federal Court tariff as protection against frivolous, vexatious attacks on patent-Defendant's allegation of infringement lacking particulars, therefore may be weak-Most actions settled rather than tried-Present action may be settled before trial-Security for costs set at $7,400 in total to secure defendant through examinations for discovery, including pre-trial conference, notices to admit facts and $2,000 for expert fees-Patent Act, R.S.C., 1985, c. P-4, s. 60(3).