Court of Appeal Upholds Decision Against MxI in Favour of GasTOPS

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MxI and its co-founders ordered to pay GasTOPS more than $20 million for improper use of confidential information and trade secrets

“We are very pleased with the Court of Appeal’s full endorsement of the Trial Judge’s findings”, says Dave Muir, GasTOPS’ President and CEO

Ottawa, Canada (5 March, 2012): A panel of three judges of the Court of Appeal of Ontario, Canada has unanimously dismissed the appeal of a trial decision that requires MxI Technologies Ltd., Bradley Forsyth, Jeffrey Cass, and Robert Vandenberg to each pay, jointly and severally, more than $20 million in damages, interest and costs to GasTOPS.

Trial Judge Thomas Granger found that the former GasTOPS’ Managers breached numerous post-employment duties owed to GasTOPS, when they resigned without proper notice and then developed and marketed the Maintenix product of MxI through reliance on GasTOPS’ confidential information and trade secrets. The Trial Judge also held that the Defendants had tried to mislead the Court, “for months on end”, by deliberately failing to produce key documents that were damaging to their case. This led to an order against the Defendants to fully indemnify GasTOPS for the entirety of the legal costs they incurred throughout the litigation.

The last avenue of recourse for the Defendants is to seek leave to appeal to the Supreme Court of Canada. Any such application for leave must be filed within 60 days. Approximately 87% of all such applications are dismissed, since the Supreme Court only grants leave to hear matters of public importance. Given that the Defendant’s appeal to the Ontario Court of Appeal was limited to the narrow issue of quantum of damages, it is considered highly unlikely that any application for leave to appeal would be successful.

“We are very pleased with the Court of Appeal’s full endorsement of the Trial Judge’s findings”, says Dave Muir, GasTOPS’ President and CEO, “Throughout most of this litigation, the Defendants have maintained that GasTOPS’ claims were frivolous and without merit. It is very satisfying to know that the marketplace is now fully aware of the breadth of the Defendants unlawful conduct and that they will now be held accountable for this conduct”.

About GasTOPS Ltd.

GasTOPS provides advanced products and services that improve the productivity and safety of mission-critical equipment in Defence, Aviation, Marine, Energy and Transportation applications worldwide. For more than 30 years, the company has supplied innovative measurement and analysis systems and specialized technical services for the development and support of machinery condition monitoring and maintenance systems. For more information, visit:

About Shields & Hunt

James Shields, John Yach, Thomas Finlay and Marion Jackson of the law firm Shields & Hunt represented GasTOPS in this legal action. Shields and Hunt is one of the leading employment law, civil litigation and labour law firms in the Nation’s Capital. The firm is recognized both locally and nationally as having focussed expertise in each of its core practice areas – complex employment-related matters, personal injury, human rights, commercial litigation and trade union representation. The litigators at Shields & Hunt are highly respected within their areas of practice, being consulted by both clients and peer members of the bar alike. For more information, visit:


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