Johney Enterprises Co. v. Rui Royal International Corp.
T-587-97
Hargrave P.
13/2/98
14 pp.
Plaintiffs moving to strike several paragraphs of amended defence-Action for trade mark infringement concerning tape measures-Defence to effect defendant had consent and authority to market and sell similar product in Canada, supplier's manufacture of products in Canada preceding that of plaintiffs and other manufacturers selling similar product in Canada-Plaintiffs wish particulars of consent, first date of manufacture and other manufacturers-Everything in English up to motion for particulars when defendant's counsel began argument in French, which Hargrave P. did not understand-When Prothonotary offered adjournment, with counsel personally responsible for costs, counsel continued in English-While parties may argue in official language of their choice, matter of common courtesy to advise Registry if choice of language other than reasonably expected-Abusive to surprise and embarrass opposing counsel and Court-To continue in language which puts counsel and Court at disadvantage, after being requested not to do so, contemptuous-Out of courtesy and to expedite matters, counsel should advise Registry, in ample time, if wishes to argue motion in official language other than that of motion itself-Court can then arrange for bilingual registrar, appropriate judge or prothonotary and bilingual court reporter if required-Defendant required to provide particulars with respect to consent-If particulars not provided well before trial on date of manufacturing in Canada, plea should be abandoned-With respect to allegation other manufacturers and distributors "such as" manufacture and sell similar tape measures, pleading open-ended, and defendant required to provide closed list of identity of other manufacturers of tape measures relied upon by defendant.