Date: 19991220
Docket: T-1392-99
MONTREAL, QUEBEC, THIS 20th 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. |
- . 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.
- . The costs of the motion; and
- . 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
- )
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