Federal Court Decisions

                                         Date: 19991220

                                         Docket: T-1392-99

MONTREAL, QUEBEC, THIS 20^th DAY OF DECEMBER 1999

PRESENT:      THE HONOURABLE MR. JUSTICE LEMIEUX

BETWEEN:          SALTON APPLIANCES (1985) CORP.

     -and-

     JASCOR HOME PRODUCTS INC.

     Plaintiffs

     AND

     SALTON INC.

     Defendant

     Motion on behalf of Defendant for:

1.      An Order compelling the Plaintiffs to re-attend in Toronto, at their own expense, within thirty days, to answer all questions refused and those taken under advisement at the cross-examination of Hugh A. Johnstone, its representative, held December 2, 1999 as annexed to the present motion in Schedule "A", failing which the action shall be dismissed with costs to the Defendant.

3. .      An Order compelling the Plaintiffs to re-attend in Toronto, at their own expense and answer, within thirty days, all outstanding undertakings given at the cross examination of Hugh A. Johnstone held December 2, 1999 as annexed to the present motion in Schedule "B", failing which the action shall be dismissed with costs to the Defendant.
   
4. .      The costs of the motion; and
   
5. .      Such further and other relief this Honourable Court may seem just.
   

     ORDER AND REASONS FOR ORDER

1)      At the conclusion of argument, I dismissed the Defendant's motion which was confined for an Order compelling the Plaintiffs to re-attend to answer three questions refused.

2)      I am satisfied that question 660 requires an answer in the nature of a legal opinion and that questions 1034 and 1035 relating to the Plaintiffs' undertaking on damages should injunction issue to be premature and hypothetical.

     François Lemieux

     Judge

---

7. )     
   
   

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

Date: 19991220

Docket: T-1392-99

BETWEEN:

     SALTON APPLIANCES (1985) CORP.

     and

     JASCOR HOME PRODUCTS INC.

     Plaintiffs

     AND

     SALTON INC.

     Defendant

    

     ORDER AND REASONS FOR ORDER

    

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS ON THE RECORD

COURT FILE NO.:      T-1392-99STYLE OF CAUSE:      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 OF THE HONOURABLE MR. JUSTICE LEMIEUX

DATED:      December 20, 1999

APPEARANCES:

Mr. Hughes Richard

Mr. Louis Fleurent      for the Plaintiffs

Mr. Mark K. Evans      for the Defendant

SOLICITORS OF RECORD:

LEGER ROBIC RICHARD

Montreal (Quebec)      for the Plaintiffs

SMART & BIGGAR

Toronto (Ontario)      for the Defendant