NADON J.A.
BETWEEN:
and
INTER MANAGEMENT SERVICES LIMITED and
HANS JÖRG REICHERT and MARIANNE REICHERT
and GASTRO INTERNATIONAL INC.
Respondents
Heard at Toronto, Ontario, on September 15, 2008.
Judgment delivered from the Bench at Toronto, Ontario, on September 15, 2008.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Docket: A-125-08
Citation: 2008 FCA 266
CORAM: LINDEN J.A.
NADON J.A.
SEXTON J.A.
BETWEEN:
MÖVENPICK-HOLDING
Appellant
and
INTER MANAGEMENT SERVICES LIMITED and
HANS JÖRG REICHERT and MARIANNE REICHERT
and GASTRO INTERNATIONAL INC.
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on September 15, 2008)
[1] Notwithstanding Mr. Odutola’s forceful arguments, we have not been persuaded that the learned Motions Judge made any error in dismissing the appellant’s appeal from the order of Prothonotary Tabib which rejected its motion to strike paragraphs 16 and 17 of the respondents’ Amended Statement of Defence and Counterclaim.
[2] The appeal will therefore be dismissed with costs.
“M. Nadon”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-125-08
(APPEAL FROM REASONS FOR ORDER AND ORDER OF THE HONOURABLE DEPUTY JUDGE MAURICE LÉGACÉ DATED MARCH 7, 2008, DOCKET NO. T-2261-05.)
STYLE OF CAUSE: MÖVENPICK-HOLDING v. INTER MANAGEMENT
SERVICES LIMITED and HANS JÖRG REICHERT and
MARIANNE REICHERT and GASTRO NTERNATIONAL
INC.
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: September 15, 2008
REASONS FOR JUDGMENT OF THE COURT BY: (LINDEN, NADON & SEXTON JJ.A.)
DELIVERED FROM THE BENCH BY: NADON J.A.
APPEARANCES:
|
FOR THE APPELLANT
|
|
|
FOR THE RESPONDENTS
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SOLICITORS OF RECORD:
|
Odutola Professional Corporation Ottawa, Ontario |
FOR THE APPELLANT
|
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Bereskin & Parr Toronto, Ontario |
FOR THE RESPONDENTS
|