COMPETITION |
Volkswagen Canada Inc. v. Access International Automotive Ltd.
T-319-98
Giles A.S.P.
20/12/99
3 pp.
In copyright action, motion to strike references to Competition Act, s. 32, practices mentioned therein on grounds such practices can only be prosecuted on information exhibited by Attorney General--S. 32 dealing with unduly limiting, restraining, injuring, preventing, lessening, etc. competition inter alia--Whether or not any of acts results in undue consequence can only be determined on information of Attorney General--S. 32 cannot, until court has found undue consequences, be used as defence, counter-claim in action respecting copyrights--Motion allowed--Competition Act, R.S.C., 1985, c. C-34, s. 32 (as am. by R.S.C., 1985 (4th Supp.), c. 10, s. 18; S.C. 1990, c. 37, s. 29).
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