14 Jul 2023
Lantronix Canada, ULC v Vrije Universiteit Brussel
In the case of Lantronix Canada, ULC v Vrije Universiteit Brussel dated July 14, 2023, the plaintiff, Lantronix Canada, alleged that they had a binding contractual agreement with the defendant, University of Brussels, which allowed the defendant to use the plaintiff's computer software in exchange for a licensing fee.
The plaintiff had filed a civil claim against the defendant on two grounds: breach of contract and breach of copyright. An amended notice of civil claim was later filed. Meanwhile, the defendant was seeking an order to either dismiss or stay the plaintiff's action. They argued that the Supreme Court of British Columbia lacked jurisdiction over the defendant for the plaintiff's claims. Alternatively, the defendant suggested that Belgium, not British Columbia, would have been a more appropriate forum for resolving the dispute between the parties.
The court concluded that it had territorial competence to hear and decide Lantronix's claims against the University. The court found a substantial connection between British Columbia and the facts on which the claims were based, particularly regarding contractual obligations that were to be performed in British Columbia and a business carried on there. It was further ruled if the parties had wanted to discuss the issue of costs, they were required to inform the court within 30 days. Otherwise, costs would have been determined during the course of the proceedings.