Decap v. Midland Manufacturing Ltd.
T-2869-93
Gibson J.
20/5/94
11 pp.
Appeal from order removing firm of Fillmore & Riley as solicitors for plaintiffs on ground of conflict of interest -- Whether Associate Senior Prothonotary's order was clearly wrong, in sense exercise of discretion by Prothonotary based upon wrong principle or upon misapprehension of facts -- Plaintiffs sued for patent infringement; solicitors for plaintiffs were Fillmore & Riley closely associated with Ade & Company which also acted as patent agent for defendant -- Relationship between patent agent and solicitor in closely asociated firms and in relation to patent litigation much more akin to relationship between two solicitors in same firm than to relationship between solicitor and secretary employed by his or her firm -- Application dismissed.