Date: 20030326
Docket: T-2136-02
Citation: 2003 FCT 352
Montreal, Quebec, March 26, 2003
Present: Richard Morneau, Esq., Prothonotary
BETWEEN:
MAXTECH MANUFACTURING INC.
Plaintiff
and
ALLTRADE INC.,
ALLTRADE TOOLS LLC.
and
ANDRE LIVIAN
Defendants
REASONS FOR ORDER AND ORDER
[1] In light of what was mentioned by this Court in the case of Painblanc v. Kastner et al. (1994), 58 C.P.R. (3d) 502, and the jurisprudence cited therein, in my opinion, it is plain and obvious that paragraphs 5 and 24 of the Statement of Claim do not disclose sufficient material facts to properly engage the liability of Andre Livian as a personal defendant.
[2] I therefore order the striking out of Andre Livian as a party defendant to this action, subject to the right of the plaintiff to file and serve an amendment on or before April 2, 2003, or within such further period as the parties may agree, alleging material facts which would, if proven, establish liability on the part of Andre Livian.
[3] The Defendants shall serve and file their Statement of Defence within thirty (30) days of the service of the Plaintiff's Amended Statement of Claim.
[4] Costs are in the cause.
Richard Morneau
Prothonotary
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date : 20030326
Docket : T-2136-02
BETWEEN:
MAXTECH MANUFACTURING INC.
Plaintiff
and
ALLTRADE INC., ALLTRADE TOOLS LLC. and ANDRE LIVIAN
Defendants
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
COUNSEL AND SOLICITORS OF RECORD
DOCKET:
STYLE OF CAUSE:
T-2136-02
MAXTECH MANUFACTURING INC.
Plaintiff
and
ALLTRADE INC., ALLTRADE TOOLS LLC. and ANDRE LIVIAN
Defendants
PLACE OF HEARING:Montreal, Quebec
DATE OF HEARING:March 17, 2003
REASONS FOR ORDER OF RICHARD MORNEAU, ESQ., PROTHONOTARY
DATED:March 26, 2003
APPEARANCES:
| Mr. Kevin L. Laroche |
|
for the Plaintiff |
|
|
|
|
| Ms. Joanne Chriqui Ms. Madeleine Lamothe Samson |
|
for the Defendants |
|
|
|
|
SOLICITORS OF RECORD:
| Borden Ladner Gervais Ottawa, Ontario |
|
for the Plaintiff |
|
|
|
|
| Ogilvy Renault Montreal, Quebec |
|
for the Defendants |