Laésha J. Smith, Kelly Ann Maw and Ben Clarke successfully defended an application in BC Supreme Court to vary a protective order granted over their client’s confidential information. The application involved consideration of the proper test to vary a protective order which are more frequently granted in Federal Court intellectual property cases.
In the result, the Court agreed with the respondent’s argument that the test that should be applied was whether the applicant had demonstrated a change in circumstances or compelling reason to warrant variation of the protective order. The Court was not satisfied that the applicant had met the test and dismissed the application.
Poulus Ensom LLP notes that, in many of our cases, our clients prize their privacy. In other cases, the matters are not of public record. For these reasons, we describe certain outcomes confidentially.