Samsonite Canada Inc. v. Entreprises National Dionite Inc.
T-2738-93
Wetston J.
26/1/95
6 pp.
Motion to strike statement of defence, for show cause hearing, costs -- Defendant destroying document showing name of Hong Kong supplier of goods when matter subject to litigation -- Application to strike defence dismissed -- Drastic to remove defendant's capability to defend action before Court -- Under circumstances not clear how destruction of document justifying striking statement of defence -- While destroyed information may be irrelevant to present proceeding, going to issue of liability regarding passing off action or quantum with respect to matter of damages -- Absent contrary evidence, Court accepting destruction in good faith without intention to frustrate administration of justice -- Document destroyed prior to motion -- Court not ordering show cause as not satisfied prima facie case made out -- As to first hearing before prothonotary, order for costs in the cause varied to party and party costs payable forthwith -- Prothonotary's decision, dealing explicitly with provision of documents, appealed to Tremblay-Lamer J. whose order upholding decision to provide documents issued three months after destruction of document -- In order to recognize seriousness of defendant's actions, short of show cause hearing for contempt, defendant ordered to pay plaintiff's costs on solicitor and client basis forthwith -- Federal Court Rules, C.R.C., c. 663, R. 1733.