The most recent decision by the court is dated October 1st, and based upon that decision, the injunction stands. I am not a Canadian lawyer, so I do not know what appellate rights (if any) AC has, or whether they have decided to pursue them. Let's face it, BRP has "home court advantage" in this one.
I have only skimmed the decision for the highpoints, but I did find this:
"The evidence shows that 391 of the Model Year 2021 snowmobiles were sold to dealers prior to July 6, 2020. They were paid in full by the dealers who purchased these “demos”. The third category is composed of Model Year 2021 snowmobiles for which a $750 deposit was made. There are 732 pre-ordered snowmobiles according to the evidence. As will be seen, the transaction seems to be short of completion: the snowmobiles have not yet been built in Minnesota and delivered to dealers in Canada for final assembly."
Based upon that, Canadian dealers will only get the 391 sleds that they pre-purchased for re-sale, and none of the 732 customer spring order sleds can be shipped to Canada. Hopefully some people will be able to get their sleds because their dealer happened to pre-order the same model, but I don't think there is any future in pinning your hopes on the result of the next legal battle. BRP has won all the legal battles to date, and I haven't seen anything that indicates Cat will ultimately prevail. If it was me, I would be running to the closest Yamaha dealer, or waiting until next year.
