Protegra Inc. v. Northwest-Alberta-Nunavut Associates for Residential Programs Inc., 2010 ABQB 311

Court of Queen ’ s Bench of Alberta Citation: Protegra Inc. v. Northwest-Alberta-Nunavut Associates for Residential Programs Inc., 2010 ABQB 311 Date: 20100506 Docket: 1003 07429 Registry: Edmonton Between: Protegra Inc. Plaintiff - and - Northwest-Alberta-Nunavut Associates for Residential Programs Inc., and Derrick Migambi Defendants _______________________________________________________ Endorsement of the Honourable Madam Justice J.B.

Veit _______________________________________________________ [ 1 ] On this ex parte application, I am satisfied that the applicant has made out a case which satisfies the four requirements for an Anton Piller order. Specifically, it has established: - a strong prima facie case arising out of the obligations from employment with managerial status; - the potential for very serious damage to the applicant arising out of the potential loss of a valuable contract for services in N.W. Alberta

and Nunavut; - convincing evidence that the defendants have in their possession records belonging to the applicant arising out of the reference in para. 12 of the supporting Frank affidavit; and - the real possibility that evidence would be destroyed or otherwise shielded from the usual discovery process arising from the erasing by the individual defendant of emails from the applicant’s lap-top computer. [ 2 ] In addition, I am satisfied that the form of order proposed by the applicant meets the requirements of an Anton Piller order as set out by the Supreme Court of Canada in Celanese Canada Inc. v.

Murray Demolition Corp. 2006 SCC 36 (CanLII) , [2006] 2 S.C.R. 189 . Certain amendments to that proposal have been made to further enhance the safeguards recommended by the S.C.C. Heard on the 5 th day of May, 2010. Dated at the City of Edmonton, Alberta this 5 th day of May, 2010. J.B. Veit J.C.Q.B.A. Appearances: Hu Eliot Young for Protegra Inc.