CSA / PSK Litigation Update - August 2015
August 16th, 2015
It’s been a year since our last litigation update, it seems like a good time to let everyone know where we’re at and what’s coming next.
In brief, the Canadian Standards Association (CSA) has been trying to increase our legal costs and delay the inevitable trial. Specifically, in April of this year they launched a series of new and exciting claims against us.
The first two of these claims were to the Canadian Internet Registry Authority (CIRA) and to the World Intellectual Property Organization (WIPO). In both claims the CSA tried to convince CIRA and WIPO to transfer ownership of RestoreCSA to themselves. It didn’t work. Over a two-week period in July, both of CSA’s claims against us were dismissed.
The third of CSA’s newest claims is an application to Federal Court for injunctive relief against PS Knight Co to try to prevent us from making Alberta’s electrical laws publicly available. This new claim, by the way, is exactly what we predicted the CSA would do. The injunctive relief hearing is scheduled for Sept. 8th, with a verdict to follow shortly thereafter.
The fourth of CSA’s latest claims is in Ontario Provincial Court. This litigation is a duplicate of the issues already in Federal Court. As such, and in the context of the CIRA and WIPO claims covering the same material, the CSA’s Ontario action is the fourth claim on the same issues.
Finally, the CSA has also filed for Summary Judgement against PS Knight Co. Without bogging in legal detail, Summary Judgement is like a partial verdict covering non-trialable items within the broader Federal Court process. In this instance however, the items before Federal Court are clearly trialable. But CSA’s filing for Summary Judgement delays the Federal Court process by another six months and costs a lot of money. The Summary Judgement hearing is scheduled for Oct. 27th.
If all goes well, and barring any more CSA delays, we will finally be in Federal Court in the spring of 2016. We’re almost there folks, and we’re looking forward to our day in Court.