one more thingthe chances of Tillray (Hexo) winning on an apeal were slim leaning heavily to none as this suit didnt even go to Trial
I
LABS was awarded a
summary judgement by the court which meens that Hexo had 0 evidence to support any of their claims
Pursuant to Rule 20.04(2) of the Rules of Civil Procedure, the court shall grant summary judgment if it is satisfied that there is no genuine issue requiring a trial with respect to a claim or defence. The rule includes fact-finding powers under Rules 20.04(2.1) and (2.2) to weigh evidence, evaluate credibility, and draw inferences, provided that their use is not against the interests of justice.
the judge even thought about a mini trial but decided: However, I have concluded that it is not in the interests of justice to do engage the power to hold a mini-trial. Mitigation should not have been an unanticipated issue on this motion for summary judgment. It is for Hexo to prove a failure on the part of MediPharm to mitigate. It was incumbent upon Hexo to adduce the evidence necessary for the court to adjudicate on this issue. This could have easily been accomplished during the cross-examination of Mr. Shehata but was not.
HEXO got smoked in all areas of the Summary judgement and would have in the apeal as well !