Date: 20030703
Docket: T-993-03
Citation: 2003 FC 820
Toronto, Ontario, July 3rd, 2003
Present: The Honourable Madam Justice Simpson
BETWEEN:
GIANNI VERSACE S.p.A. and G. V. DISTRIBUTION LLC
Plaintiffs
and
1154979 ONTARIO LIMITED, GIOVANNI BANDOLO
and GENARO CERULLO
Defendants
REASONS FOR ORDER AND ORDER
Background
[1] The Plaintiff's motion (the "Motion") dated June 17, 2003 is for inter alia, the preservation and inspection of documents and merchandise (together the "Items") which allegedly infringe Gianni Versace registered trade marks. The Items were seized by the Peel Regional Police under a search warrant as part of a passing off criminal investigation rather than pursuant to the Anton Pillar order issued by this court on January 28, 2002.
[2] The charges against the Defendants under section 408(a) of the Criminal Code, R.S.C. Chapter c-46 were withdrawn on June 4, 2003.
[3] A Justice of the Ontario Superior Court is to hear the Defendants' motion next week under section 490(7) and (9) of the Criminal Code for an order requiring the police to release the Items to the Defendants.
[4] The Defendants have stated that their intention is to sell the merchandise as soon as it is received.
Today's Proceeding
[5] At General Sittings on Monday June 30, 2003 the Plaintiffs sought an adjournment of their Motion to enable them to file further material and cross-examine the Defendants on their affidavits.
[6] Counsel for the Defendants strenuously opposed the adjournment. However, once the court indicated that it would be granted and that an order would be made to preserve the status quo pending the return of the Motion, the parties consented to the following order:
ORDER
NOW THEREFORE THIS COURT ORDERS THAT:
1. The Motion is hereby adjourned to General Sittings in Toronto on July 21, 2003.
2. The Plaintiffs are to serve and file any additional affidavits on or before July 11, 2003.
3. Both parties are to complete cross examinations and obtain transcripts so that supplementary motion records, if any, can be served and filed on or before July 18, 2003.
4. If the Items are released to the Defendants, counsel for the Defendants will immediately take custody of the Items and will not release them pending further order of this court.
"Sandra J. Simpson"
J.F.C.C.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-993-03
STYLE OF CAUSE: GIANNI VERSACE S.P.A. and G.V. DISTRIBUTION LLC
Plaintiffs
and
1154979 ONTARIO LIMITED, GIOVANNI BANDOLO and GENNARO CERULLO
Defendants
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: SIMPSON J.
DATE OF HEARING: JUNE 30, 2003
DATED: JULY 3, 2003
APPEARANCES: Georgina Starkman Danzig
For the Plaintiffs
Joseph Etigson
Howard J. Wolch
For the Defendants
SOLICITORS OF RECORD: Kestenberg Siegal Lipkus
Barristers and Solicitors
Toronto, Ontario
For the Plaintiffs
Gardiner Roberts LLP
Barristers and Solicitors
Toronto, Ontario
For the Defendants
Date:20030703
Docket: T-993-03
BETWEEN:
GIANNI VERSACE S.p.A. and G. V. DISTRIBUTION LLC
Plaintiffs
and
1154979 ONTARIO LIMITED, GIOVANNI BANDOLO
and GENARO CERULLO
Defendants
AND ORDER