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Sep 18, 2015

Litigation Department Emerges Victorious from a Five-Week Trial

On July 8, 2015, David Taub and Robert Choi of the litigation department won a $2.2 million (USD) judgment for Future Image Holdings Corporation, after a five-week trial in the Superior Court of Justice.   In the matter of Future Image Holdings Corporation et al. v. Barefoot Science Technologies Inc. et al., 2015 ONSC 4432, Justice McIsaac awarded judgment to Future Image Holdings Corporation ("Future Image") and dismissed both the counterclaim and the third party claim made against Future Image, its affiliate, and the principal.  This case arose from Future Image's multi-million dollar investment in Barefoot Science Holdings Inc. ("Barefoot Science"), whose principals represented to Future Image that the investment was secured by valuable insole technologies owned by Barefoot Science.  In fact, the intellectual property was owned by Barefoot Science's subsidiary, and the inventor of the technologies fraudulently concealed documents that purported to give him certain reversionary interests and royalties.  Justice McIsaac held that Barefoot Science's principal committed fraud and breached fiduciary duties, and the findings led the court to grant oppression remedies to Future Image pursuant to Ontario's Business Corporations Act.  The written decision was published by the Canadian Legal Information Institute and can be accessed here:


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