John Labatt Ltd. v. Molson Breweries
T-2105-93
Nadon J.
8/10/93
6 pp.
Application for production of documents allegedly referred to in statement of claim -- R. 407(2) providing copy of every document referred to in pleading shall be served on each party on whom pleading served at same time pleading served or within 30 days unless party waiving right or Court otherwise ordering -- Application allowed as to documents referred to in paragraph 6 only i.e. trademark and registered used applications -- Molson Breweries, A Partnership v. Labatt Brewing Co. (1992), 41 C.P.R. (3d) 456 (F.C.T.D.), wherein Cullen J. holding R. 407(2) providing form of discovery which confines production of documents referred to, disagreed with -- Purpose of R. 407(2) not to get advanced discovery, but to force party to serve document referred to in pleadings -- If Cullen J.'s decision agreed with entirely, defendant could request Court to order plaintiffs to produce all of their documents relating to consumer research, development of technology relating to brewing process, purchase of equipment and to advertising of ice-brewed beer in Canada -- That there may be documents in existence relating to subject-matter or issues raised in pleading not transforming documents into documents referred to in pleading as provided for by R. 407(2) -- Defendant therefore not entitled to obtain copies of documents in plaintiffs' files relating to consumer research -- Federal Court Rules, C.R.C., c. 663, R. 407.