PRACTICE |
Case Management |
Status Review |
Tag Heuer S.A. v. Persons Unknown
T-1499-98
Pelletier J.
30/8/00
8 pp.
Counsel filing written submissions requesting leave to file notices of discontinuance against certain defendants, claim not be dismissed--"Anton Piller" files subject to status review like any other file--In Anton Piller files, unlike most other files, defendants being added on continuing basis--Status of these files calls for consideration of status of proceedings as against each of defendants individually--Addition of defendants over period of years creating files of such size, complexity that documents related to particular defendants can be located, assembled only with considerable effort--Court attempting to deal with number of issues through status review process--Initial order will ask counsel to identify defendants against whom plaintiff wishes to proceed--Once defendants against whom no final order obtained identified, Court will make order for case management of claims with view to having them concluded in reasonable time frame--Not onerous process since most of claims resolved by default judgment, applications for summary judgment--In order to limit number of defendants on each file, case management order will usually provide no new defendants to be added to statement of claim without leave of case management judge--Leave will be granted to add defendants to statement of claim under status review where no opportunity to obtain fresh Anton Piller order before action must be taken against counterfeiter --Counsel should be aware once Anton Piller file goes into status review, they will be expected to finalize claims against defendants on file, to take steps to obtain fresh Anton Piller order pursuant to new statement of claim--Order continuing action as specially managed proceeding, limiting plaintiff's right to add defendants to claim.