THIS COURT ORDERS that Application of the Plaintiffs, Trooper Technologies Inc. and
International Eco-Waste Systems S.A., for summary judgment and an Order for specific
performance under Rule 18 of the Rules of Court be and is hereby allowed in part against the
Defendants, Thermo Tech Technologies Inc. and Thermo Tech Waste Systems Inc., as follows:
THIS COURT FURTHER ORDERS that all standard certified engineering specifications,
including drawings, regarding thermophilic plants in the possession or control of the
Defendants, Thermo Tech Technologies Inc. and Thermo Tech Waste Systems Inc., be delivered
to the Plaintiffs forthwith;
I hope this clarifies the situation, and again:
After losing in the Supreme Court of British Columbia, Thermo Tech Technologies and Thermo
Tech Waste Systems Inc. applied to the Court of Appeal for a stay (i.e. suspension) of the Order
of Mr. Justice Cohen which required those two companies to deliver up all standard certified
engineering specifications, including drawings, in their possession and control to the Company
and its subsidiary, International Eco-Waste Systems Inc.
Thermo Tech's application was dismissed by the British Columbia Court of Appeal.
In the course of granting judgment in favour of the Company, the Honourable Mr. Justice
Macfarlane of the British Columbia Court of Appeal noted that the Thermo Tech companies had
not complied with the Order of Mr. Justice Cohen and have continued to refuse to comply. His
Lordship observed that, if the Thermo Tech companies had any concerns with respect to
confidentiality, those issues could have been dealt with by an application before Mr. Justice
Cohen, but no such application had been made.
His Lordship found that the Thermo Tech companies were in contempt of Mr. Justice Cohen's
Order. |
