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Veuve Clicquot Ponsardin v. Les Boutiques Cliquot Ltée
T-2080-98
Morneau P.
14/3/00
5 pp.
Motion by defendants under r. 107 for postponing discovery and determination of remedial issues until after discovery and trial of question of liability--Plaintiff suing defendants for infringement and usurpation of plaintiff's exclusive rights in various trade-marks--Applicable test formulated in Illva Saronno S.p.A. v. Privilegiata Fabbrica Maraschino "Excelsior", [1999] 1 F.C. 146 (F.C.T.D.)--Affidavit filed by defendants in support of their motion containing no evidence allowing assessment as to whether severance at this point of issue of damages or profits likely to result in just, expeditious and least expensive determination--Motion dismissed--Federal Court Rules, 1998, SOR/98-106, r. 107.
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