Date: 20000918
Docket: T-657-00
MONTRÉAL, QUEBEC, SEPTEMBER 18, 2000
| BEFORE: RICHARD MORNEAU, PROTHONOTARY |
Between:
MACHINATECH INC.
Plaintiff
AND
LES ABATTEURS JACQUES ÉLÉMENT INC.
Defendant
Motion by the plaintiff for an order striking out paras. 20, 21 and 22 of the defence, without leave to amend.
[Rule 221 of the Federal Court Rules (1998)]
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, PROTHONOTARY
[1] It should be noted that the defendant's reply record was filed on August 21, 2000, in accordance with the specified deadline. The Court accordingly took this record into account, including the affidavit by Jacques Élément which it contained.
[2] In view of this reply record and the defendant's application to amend its allegations, the defendant must be allowed pursuant to Rules 3 and 53(2), first, to amend its defence to incorporate in it any valid information contained inter alia in the particulars already provided and in Mr. Élément's affidavit dated August 17, 2000, subject to the plaintiff's right to make a fresh motion to strike if there is still material for doing so.
[3] For the moment, therefore, the Court must dismiss the plaintiff's motion to strike with costs to follow, and make the following order:
| (a) authorize the defendant to serve and file an amended defence by October 10, 2000; |
| (b) order that the matter be stayed until the amended defence is served; |
| (c) unless it proceeds in accordance with para. (d) below, the plaintiff shall serve and file its reply to the amended defence within fifteen days of service of the amended defence; |
| (d) reserve the plaintiff's rights to ask the Court to strike the allegations in the amended defence to be filed. |
| Richard Morneau Prothonotary |
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
| Federal Court of Canada Trial Division Date: 20000918 Docket: T-657-00 Between: MACHINATECH INC. Plaintiff AND LES ABATTEURS JACQUES ÉLÉMENT INC. Defendant REASONS FOR ORDER AND ORDER |
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| COURT FILE No.: T-657-00 |
| STYLE OF CAUSE: MACHINATECH INC. |
Plaintiff
AND
LES ABATTEURS JACQUES ÉLÉMENT INC.
Defendant
WRITTEN MOTION CONSIDERED AT MONTRÉAL WITHOUT APPEARANCE BY PARTIES
| REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY |
| DATE OF REASONS FOR ORDER: September 18, 2000 |
| WRITTEN SUBMISSIONS BY: |
| François Guay for the plaintiff |
Marc Gagnon
| Claude Fontaine for the defendant |
SOLICITORS OF RECORD:
| Smart & Biggar for the plaintiff |
Montréal, Quebec
| Fontaine, Descôteaux, Beaudet for the defendant |
Val-d'Or, Quebec