Date: 19971218
Docket: T-934-96
OTTAWA, ONTARIO, THIS 18th DAY OF DECEMBER 1997
Present: RICHARD MORNEAU, PROTHONOTARY
Between:
JOSEPH JEAN-PIERRE RENAULT,
Plaintiff,
AND
HAPAG-LLOYD AKTIENGESELLSCHAFT
and ANY OTHER PERSON WHO MAY USE OR MAKE KNOWN
THE TRADE-MARK "HAPAG-LLOYD",
Defendants.
ORDER
The defendant's motion is allowed. Accordingly, the plaintiff's statement of claim in the instant case is struck out, without leave to amend, and the plaintiff's action is dismissed on the grounds that the statement of claim is frivolous and vexatious and that it is otherwise an abuse of the process of this Court within the meaning of paragraphs 419(1)(c) and (f) of the Rules.
Accordingly, the plaintiff's motion for default of pleadings under rule 432 is dismissed.
Richard Morneau
Prothonotary
Certified true translation
C. Delon, LL.L.
Date: 19971218
Docket: T-934-96
Between:
JOSEPH JEAN-PIERRE RENAULT,
Plaintiff,
AND
HAPAG-LLOYD AKTIENGESELLSCHAFT
and ANY OTHER PERSON WHO MAY USE OR MAKE KNOWN
THE TRADE-MARK "HAPAG-LLOYD",
Defendants.
REASONS FOR ORDER
RICHARD MORNEAU, PROTHONOTARY
[1] There are two motions before the court. The first was made by the defendant and is to have the statement of claim struck out and the plaintiff's action dismissed under rule 419 of the Federal Court Rules (the Rules). The second was made by the plaintiff and seeks judgment for default of pleadings under rule 432.
[2] The purpose of these reasons and the accompanying order is to dispose of these two motions.
[3] As mentioned in my order of December 2, 1997, the defendant's motion to dismiss must logically be considered first, since if it is allowed it will put an end to the case, and accordingly the plaintiff's motion for default of pleadings will become moot, and will be dismissed for that reason.
[4] This was the procedure followed at the hearing on December 15, 1997, and I invited the parties to limit their submissions to the defendant's motion to strike out.
[5] Having heard the plaintiff and counsel for the defendant and examined all of the facts, documents, affidavits and other records of this Court to which the defendant's motion refers, it seems to me to be clear and plain that the plaintiff's statement of claim in the instant case is frivolous and vexatious and that it is otherwise an abuse of the process of this Court within the meaning of paragraphs 419(1)(c) and (f) of the Rules.
[6] For these reasons, this statement of claim will be struck out, without leave to amend, and the plaintiff's action in the instant case will be dismissed. Accordingly, the plaintiff's motion for default of pleadings will be dismissed.
Richard Morneau
Prothonotary
MONTRÉAL, QUEBEC,
December 18, 1997
Certified true translation
C. Delon, LL.L.
Federal Court of Canada
Docket T-934-96
between
JOSEPH JEAN-PIERRE RENAULT,
Plaintiff,
" and "
| HAPAG-LLOYD AKTIENGESELLSCHAFT and ANY OTHER PERSON WHO MAY USE OR MAKE KNOWN THE TRADE-MARK "HAPAG-LLOYD", |
Defendants.
REASONS FOR ORDER
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: T-934-96
STYLE OF CAUSE: JOSEPH JEAN-PIERRE RENAULT,
Plaintiff,
AND
| HAPAG-LLOYD AKTIENGESELLSCHAFT |
and
| ANY OTHER PERSON WHO MAY USE OR MAKE KNOWN THE TRADE-MARK "HAPAG-LLOYD", |
Defendants.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: December 15, 1997
REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY
DATE OF REASONS FOR ORDER: December 18, 1997
APPEARANCES:
Joseph Jean-Pierre Renault for the plaintiff
P. Jeremy Bolger for the defendant
SOLICITORS OF RECORD:
P. Jeremy Bolger for the defendant
McMaster Meighen
Montréal, Quebec