Date: 19980702
Docket: T-760-98
OTTAWA, Ontario, Thursday, the 2nd day of July, 1998
PRESENT: THE HONOURABLE MADAME JUSTICE B. REED
BETWEEN:
WENZEL DOWNHOLE TOOLS LTD.
WILLIAM (BILL) WENZEL
Plaintiffs
- and -
NQL DRILLING TOOLS INC.,
BLACK MAX DOWNHOLE TOOL LTD. and
CANADIAN DOWNHOLE DRILL SYSTEMS INC.
Defendants
REASONS FOR ORDER AND ORDER
[1] The defendants filed a motion on June 25, 1998 seeking the appointment of a case management judge. The motion was heard by telephone conference on June 30, 1998. The defendants wish to have the action proceed to trial as expeditiously as possible. The defendants state through their counsel that they are prepared to agree to the earliest possible trial date. They are concerned about the negative publicity that has arisen as a result of being sued for patent infringement in the within action.
[2] Counsel for the defendants is located in Toronto. Counsel for the plaintiffs is located in Edmonton. Counsel for the plaintiffs takes the position that he is entitled to cross-examine, in Edmonton, the solicitor from counsel for the defendants office who swore the affidavit in support of the motion for the appointment of a case management judge. Counsel for the plaintiffs has already served notice that he intends to cross-examine and recognizes that conduct money will have to be paid and, of course, he is aware that there can be cost consequences related to needless procedural steps.
[3] Counsel for the plaintiffs is concerned that the geographical distance between counsel will result in his being asked to deal with many interlocutory matters by telephone conference, a procedure that he considers does not afford his clients the opportunity to be present at all proceedings relating to their claim. He is of the view that the affidavit that was sworn in support of the request for the appointment of a case management judge should have been sworn by someone in Edmonton and not by counsel.
[4] In any event, Rule 83 of the Federal Court Rules provides that a party may cross-examine on an adverse party's affidavit. In the circumstances I reluctantly adjourn the motion to allow for the cross-examination that is sought.
ORDER
UPONNotice of Motion filed on June 25, 1998, on behalf of the defendants, and the motion having been heard by way of telephone conference, on Tuesday, June 30, 1998, for:
1. An order pursuant to Rules 383 to 385 of the Federal Court Rules appointing a case management judge and designating this action as specially managed proceeding;
2. An order pursuant to Rule 8 of the Federal Court Rules extending the period within which the defendants must file and serve their Statements of Defence until such time as a case management judge can be appointed and fixes a period for the delivery of the Statements of Defence;
3. Such further and other relief as counsel may advise and as this Honourable Court may permit.
IT IS HEREBY ORDERED THAT:
the motion is adjourned.
Judge
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-760-98
STYLE OF CAUSE: Wenzel Downhole Tools Ltd.
. William (Bill) Wenzel - and -
NQL Drilling Tools Inc.,
Black Max Downhole Tool Ltd. and Canadian Downhole Drill Systems Inc.
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: June 30, 1998
REASONS FOR ORDER AND ORDER OF THE HONOURABLE MADAME JUSTICE REED
| DATED: July 2, 1998 |
|
| APPEARANCES: |
|
| Mr. Peter Knaak, Q.C. |
For Plaintiffs |
| Mr. Christopher J. Kvas ., |
For Defendants |
| SOLICITORS OF RECORD: |
|
| CLEALL PAHL |
For Plaintiffs |
| Edmonton, Alberta |
|
| KVAS MILLER EVERITT |
For Defendants |
| Toronto, Ontario |
|