Date: 19991105
Docket: T-1398-94
Between:
R.S.M. INTERNATIONAL ACTIVE WEAR INC.,
Plaintiff,
AND
QUALITY GOODS I.M.D. INC.,
THE DAVIS AGENCY OF OTTAWA LTD.,
JOHN DOE and
JOHN DOE INC.,
Defendants.
REASONS FOR ORDER
RICHARD MORNEAU, PROTHONOTARY:
[1] This is a motion by the plaintiff pursuant to Rule 94 et seq. of the Federal Court Rules (1998) to secure the production by the defendant Quality Goods I.M.D. Inc. of certain documents, the performance of certain undertakings and answers to a series of questions, the whole arising out of the examination for discovery by counsel for the defendant [sic].
[2] In disposing of the instant motion I intend to follow the classification adopted by the plaintiff. By the joint request of the parties, this motion was dealt with under Rule 369.
Documents sought
[3] In this category the documents sought by the plaintiff are broad enough for these requests to be postponed to thirty days from the order accompanying these reasons, so as to leave the defendant time to file a motion under Rule 107. This position applies to the undertakings found in section 2.
Objections raised
[4] On objection O-1, for the reasons put forward by the plaintiff in its brief in support of this motion, the request for production of a copy of the agreement must be met.
[5] On objection O-2, for the reasons raised by the defendant it will not have to be met.
[6] The costs of this motion will follow. An order will be made accordingly.
| Richard Morneau Prothonotary |
MONTRÉAL, QUEBEC
November 5, 1999
Certified true translation
Bernard Olivier, LL. B.
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| COURT FILE No.: T-1398-94 |
| STYLE OF CAUSE: R.S.M. INTERNATIONAL ACTIVE WEAR INC., |
Plaintiff,
AND
QUALITY GOODS I.M.D. INC.,
THE DAVIS AGENCY OF OTTAWA LTD.,
JOHN DOE and
JOHN DOE INC.,
Defendants.
WRITTEN MOTION CONSIDERED AT MONTRÉAL WITHOUT APPEARANCE BY PARTIES
REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY
| DATE OF REASONS FOR ORDER: November 5, 1999 |
WRITTEN SUBMISSIONS BY:
| Caroline Jacques for the plaintiff |
| Arthur Sanft for the defendants |
SOLICITORS OF RECORD:
| Sproule, Castonguay, Pollack for the plaintiff |
Caroline Jacques
Montréal, Quebec
| Arthur Sanft for the defendant |
Montréal, Quebec
| Federal Court of Canada Trial Division Date: 19991105 Docket: T-1398-94 Between: R.S.M. INTERNATIONAL ACTIVE WEAR INC., Plaintiff, AND QUALITY GOODS I.M.D. INC., THE DAVIS AGENCY OF OTTAWA LTD., JOHN DOE and JOHN DOE INC., Defendants. REASONS FOR ORDER |
Date: 19991105
Docket: T-1398-94
MONTRÉAL, QUEBEC, NOVEMBER 5, 1999
| Before: RICHARD MORNEAU, PROTHONOTARY |
Between:
R.S.M. INTERNATIONAL ACTIVE WEAR INC.,
Plaintiff,
AND
QUALITY GOODS I.M.D. INC.,
THE DAVIS AGENCY OF OTTAWA LTD.,
JOHN DOE and
JOHN DOE INC.,
Defendants.
ORDER
Within 30 days of this order Mr. Rosen will proceed with his examination for discovery, and as part of the same, he will have to meet the request under objection O-1 and answer any relevant question resulting from production of the agreement.
The whole with costs to follow.
| Richard Morneau Prothonotary |
Certified true translation
Bernard Olivier, LL. B.