Apr 17, 2020

FCA revives longstanding test for protective orders in IP disputes

Canadian National Railway Company v. BNSF Railway Company, 2020 FCA 45 (CanLII)
The Federal Court of Appeal re-clarified that protective orders ought to be granted based on the test set out in AB Hassle - i.e., when "the moving party believes that its proprietary, commercial and scientific interests would be seriously harmed by producing information upon which those interests are based." It held that the application of the more restrictive test for confidentiality orders set out in Sierra Club was not warranted.