Date: 20050427
Docket: T-375-05
Citation: 2005 FC 577
Montréal, Quebec, the 27th day of April 2005
Present: RICHARD MORNEAU, PROTHONOTARY
BETWEEN:
FIELDTURF (IP) INC.
Plaintiff
(Respondent)
and
LES INSTALLATIONS SPORTIVES DEFARGO INC.
Defendant
(Moving party)
Motion by the defendant to dismiss the action or stay the proceeding, or alternatively for an extension of time.
[Rules 8, 105 and 221 of the Federal Courts Rules]
REASONS FOR ORDER AND ORDER
[1] It appeared from the Fieldturf reply record that the technical characteristics of the three lots covered by the action in the case at bar differ from those mentioned in the action in docket T-491-04. Accordingly, this action cannot be struck out or stayed on account of the existence of docket T-491-04. If in future Defargo's declaratory action is further advanced and the technical differences between the three lots in this case diminish, the solution recommended in paragraph 21 of my order in docket T-491-04, dated October 19, 2004, may be considered. It is also conceivable that in future one or more cases may be consolidated pursuant to Rule 105 of the Federal Courts Rules.
[2] This motion by the defendant is therefore dismissed: costs in the cause. However, the defendant will have until May 27, 2005, to serve and file its defence.
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"Richard Morneau"
Prothonotary |
Certified true translation
K. Harvey
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-375-05
STYLE OF CAUSE: FIELDTURF (IP) INC.
Plaintiff (Respondent)
and
LES INSTALLATIONS SPORTIVES DEFARGO INC.
Defendant (Moving party)
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April 25, 2005
REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATED: April 27, 2005
APPEARANCES:
François Demers FOR THE PLAINTIFF (RESPONDENT)
Pascal Lauzon FOR THE DEFENDANT (APPLICANT)
SOLICITORS OF RECORD:
Spiegel, Sohmer FOR THE PLAINTIFF (RESPONDENT)
Montréal, Quebec
BCF S.E.N.C.R.L. FOR THE DEFENDANT (APPLICANT)
Montréal, Quebec