Date: 20000104
Docket: T-1392-99
MONTREAL, QUEBEC, THIS 4th DAY OF JANUARY 2000
PRESENT: RICHARD MORNEAU, ESQ., PROTHONOTARY
Between:
SALTON APPLIANCES (1985) CORP. and
JASCOR HOME PRODUCTS INC.
Plaintiffs
AND
SALTON INC.
Defendant
Part of Motion on behalf of Plaintiffs for:
| - THE ISSUANCE of an order compelling the Defendant to re-attend in Montreal, at its own expense, within thirty (30) days, to answer all questions refused and those taken under advisement at the cross-examinations of Leon Dreimann and Joe Cruz, held November 30, 1999, failing which the action shall be granted with costs to the Plaintiffs; |
| - THE ISSUANCE of an order compelling the Defendant to re-attend in Montreal, at its own expense, within thirty (30) days, to answer all outstanding undertakings given at the cross-examinations of Leon Dreimann and Joe Cruz, held November 30, 1999, failing which the action shall be granted with costs to the Plaintiffs; |
| - THE ISSUANCE of an Order declaring admissible the questions asked by Me Richard to Mr. Johnstone during the deposition of Hugh A. Johnstone of December 2nd, 1999. |
[Rules 84(2), 151, 240, 241 and
242 of the Federal Court Rules, 1998]
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, ESQ., PROTHONOTARY:
[1] This is essentially a motion by the Plaintiffs directed to outstanding questions from the examination on affidavits submitted by the Defendant in order to oppose a request for an interlocutory injunction which shall be heard in the spring of year 2000.
[2] As for Question 1124 directed to a Mr. Johnstone by his own counsel, to wit counsel for the Plaintiffs, I am of the view that said counsel is allowed to ask the affiant what he meant when he used the expression "... to stop the ordering".
[3] As to the undertakings, they shall be fulfilled in accordance with the schedule outlined during the hearing.
[4] The remaining outstanding questions from the examinations of Mr. Leon Dreimann (Questions 1 to 8) and Mr. Cruz (Question 21) have been argued by the parties as one category and I shall deal with these questions as one category (hereinafter "the questions").
[5] Since for the purpose of resisting the interlocutory injunction, the Defendant in its affidavits is relying on the use in Canada by its predecessors in title of the marks at issue, I am of the view that the chain of title of the Defendant's predecessors and the documentation supporting same constitute a relevant avenue of inquiry.
[6] Therefore, the Defendant shall re-attend in Montreal, at its own expense, within forty-five (45) days from the date of the instant order, to answer the questions. No other remedies are granted to the Plaintiffs at this time.
[7] Costs in the cause.
Richard Morneau
Prothonotary
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.:
STYLE OF CAUSE:
T-1392-99
SALTON APPLIANCES (1985) CORP. and
JASCOR HOME PRODUCTS INC.
Plaintiffs
AND
SALTON INC.
Defendant
PLACE OF HEARING:Montreal, Quebec
DATE OF HEARING:December 20, 1999
REASONS FOR ORDER BY RICHARD MORNEAU, ESQ., PROTHONOTARY
DATE OF REASONS FOR ORDER:January 4, 2000
APPEARANCES:
| Mr. Hugues Richard Mr. Louis Fleurent |
for the Plaintiffs |
| Mr. Mark Evans |
for the Defendant |
SOLICITORS OF RECORD:
| Léger Robic Richard Montreal, Quebec |
for the Plaintiffs |
| Smart & Biggar Toronto, Ontario |
for the Defendant |