Kirkbi AG v. Ritvik Holdings Inc.
T-2799-96
Muldoon J.
25/2/98
10 pp.
Preliminary determination of question of law or of admissibility-Motion for determination of admissibility of portions of affidavit evidence, prior to trial, summary judgment proceedings-Plaintiffs engaged in design, manufacture, sale of children's building toys, accessories under trade mark of LEGO-Defendants also engaged in manufacture of children's toys-Main action claim by plaintiffs that defendants unlawfully reproduced LEGO trade mark in advertising, promotional material-Sole issue to determine whether argument of admissibility of evidence should be heard prior to trial-While plaintiffs asked that admissibility of evidence be determined, ultimate result sought to have portions of affidavit removed from affidavit-Same result as motion under R. 419-General purpose of R. 474 to provide determinations which expedite or shorten trial-R. 474(1)(b) to be confined to general questions of admissibility, rather than admissibility of evidence where context of evidence required to be assessed-Motion before Court not pertaining to admissibility of evidence in general sense-Summary judgment judge in best position to hear entire scope of case, can best determine evidence in proper setting-Admissibility of evidence not to be determined in vacuum-Bringing of instant motion permissible, but wasteful of Court's time and resources, inexpedient-Federal Court Rules, C.R.C., c. 663, RR. 419, 474.