Date: 20030326
Docket: T-611-01
Citation: 2003 FCT 351
Montréal, Quebec, March 26, 2003
Present: Richard Morneau, Prothonotary
BETWEEN:
FORTIER 2000 LTÉE
Plaintiff
and
MARCEL MATIÈRE
Defendant
and
MARCEL MATIÈRE and
BÉTON PROVINCIAL LTÉE
Plaintiffs by counterclaim
and
FORTIER 2000 LTÉE
Defendant to counterclaim
RICHARD MORNEAU, PROTHONOTARY:
[1] It appears to me in the circumstances of this case that this motion by the defendant and plaintiffs by counterclaim (the defendant) for further and better particulars regarding paragraph 22 of the plaintiff's amended reply and defence to the counterclaim must be dismissed, with costs.
[2] Although the order of January 22, 2003, provided that the defendant could appeal by motion to obtain further and better particulars regarding paragraph 22, the text of paragraph 22 together with the additional particulars provided by the plaintiff on February 20, 2003, should have led the defendant to justify by way of affidavit both the need for additional particulars and the harm caused by this alleged lack of particulars. Each case turns on its own facts in this area of law, and unlike this Court's decision of February 27, 2001, in Contour Optik Inc. v. Hakim Optical Laboratory Ltd. (2001 FCT 125), I do not believe that there is a basic deficiency in these pleadings that warrants further and better particulars.
[3] Along the same lines, I do not believe it is necessary for the plaintiff to amend its affidavit of documents.
[4] This case must move forward and must not become mired in classic difficulties connected to the examinations on discovery. The parties shall govern themselves in accordance with the timetable approved by the Court in a separate order dated today.
Richard Morneau
Prothonotary
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20030326
Docket: T-611-01
Between:
FORTIER 2000 LTÉE
Plaintiff
and
MARCEL MATIÈRE
Defendant
and
MARCEL MATIÈRE and
BÉTON PROVINCIAL LTÉE
Plaintiffs by counterclaim
and
FORTIER 2000 LTÉE
Defendant to counterclaim
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
SOLICITORS OF RECORD
DOCKET:
STYLE OF CAUSE:
T-611-01
FORTIER 2000 LTÉE
Plaintiff
and
MARCEL MATIÈRE
Defendant
and
MARCEL MATIÈRE and BÉTON PROVINCIAL LTÉE
Plaintiffs by counterclaim
and
FORTIER 2000 LTÉE
Defendant to counterclaim
PLACE OF HEARING:Montréal, Quebec
DATE OF HEARING: March 24, 2003
REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY
DATED:March 26, 2003
APPEARANCES :
| Pascal Lauzon |
|
for the plaintiff and defendant to counterclaim |
|
|
|
|
| Katherine Stachrowski |
|
for the defendant and plaintiffs by counterclaim |
|
|
|
|
SOLICITORS OF RECORD:
| Brouillette Charpentier Fortin Montréal, Quebec |
|
for the plaintiff and defendant to counterclaim |
|
|
|
|
| Gowling Lafleur Henderson Montréal, Quebec |
|
for the defendant and plaintiffs by counterclaim
|