Federal Court Decisions

Decision Information

Rachalex Holdings Inc. v. W & M Wire & Metal Products Ltd.

Court (s) Database Federal Court Decisions
Date 2007-01-17
Neutral citation 2007 FC 33
File numbers T-1377-04

Decision Content

 

Date: 20070117

Docket: T-1377-04

Citation: 2007 FC 33

BETWEEN:

RACHALEX HOLDINGS INC. and TYRONE NAGTHALL

Plaintiffs

and

 

W & M WIRE & METAL PRODUCTS LTD. and

921410 ONTARIO LTD. c.o.b. THE DISPLAY BANK

Defendants

 

REASONS FOR ORDER

 

(Delivered from the bench in Toronto, Ontario

on January 12, 2007)

 

HUGESSEN J.

 

[1]               I am not satisfied that the proposed new evidence which is sought to be introduced for the hearing of the coming summary judgment motion is relevant. It deals largely with alleged issues of obviousness and inutility of the patent in suit; those issues have not been raised by the statement of defence or otherwise pleaded. It also purports to introduce a large number of pieces of prior art, none of which have previously been pleaded.

 

[2]               At the time that this motion was brought the issues both in the action as a whole and in the summary judgment motion had been joined. Both sides had filed memoranda of fact and law preparatory to the hearing of the summary judgment but that hearing had been adjourned due to the withdrawal of defendants’ former solicitor.

 

[3]               To allow the present motion would necessarily result in further substantial delay, not the least of which would be the necessity for amendments to the pleadings, possible further discoveries and cross-examinations on affidavits. All of this in my view would cause a prejudice to plaintiff which could not be adequately compensated by an award of costs.

 

[4]               The motion will be dismissed with costs.


“James K. Hugessen”

Judge

 

 

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

 

DOCKET:                                          T-1377-04

 

STYLE OF CAUSE:                          RACHALEX HOLDINGS INC. et al v. W & M WIRE & METAL PRODUCTS LTD. et al

 

 

PLACE OF HEARING:                    TORONTO, ONTARIO

 

DATE OF HEARING:                      JANUARY 12, 2007

 

REASONS FOR ORDER:               HUGESSEN J.

 

DATED:                                             JANUARY 17, 2007

 

 

 

APPEARANCES:

 

CHRISTOPHER TORTORICE

CHRISTINE M. PALLOTTA

 

FOR THE PLAINTIFFS

ELLIS FABIAN

 

FOR THE DEFENDANTS

 

SOLICITORS OF RECORD:

 

BERESKIN & PARR

BARRISTERS AND SOLICITORS

TORONTO, ONTARIO

 

FOR THE PLAINTIFFS

FABIAN & KAYE

BARRISTERS AND SOLICITORS

TORONTO, ONTARIO

 

FOR THE DEFENDANTS

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.